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Judgment
MINI PUSHKARNA, J (ORAL)
The present petition has been filed for rectification, seeking removal of Trademark ‘MODI CRYL’ under Registration No. 1689069 in Class 2, registered in the name of respondent no. 1.
Learned counsel appearing for the petitioner has handed over a copy of the Online Status Report as on 8th July, 2024, as per the which, the aforesaid Trademark of the respondent no.1 was valid/renewed upto only, 21st May, 2018.
The Online Status Report, as handed over by learned counsel appearing for the petitioner, is reproduced as under:
“As on Date: 08/07/2024
Status : Registered View TM Application / View Additional Representation Sheet / View Examination Report
Alert: Trade mark is likely to be removed due to non filing of Renewal request within prescribed time limit In case of any discrepancy contact respective TM Registry.
TM Application No. 1689069 Class 2 Date of Application 21/05/2008 Appropriate Office DELHI State UTTAR PRADESH Country India Filing Mode Branch Office TM Applied for MODICRYL TM Category TRADE MARK Trade Mark Type WORD User Detail 01/02/2004 Certificate Detail Certificate No. 933892 Dated: 11/02/2011 Valid upto/Renewed upto 21/05/2018 Proprietor name (1) SANJAY GUPTA Trading As: GUPTA PAINTS & MARBLE HOUSE Single Firm Proprietor Address 114-B, VAKIL ROAD, OPP MEHTA CLUB NEW MANDI MUZAFFARNAGAR U.P. Email Id Agent name AALOK KANSAL, ADVOCATE.[214] Agent Address 50, CHATANYA PURAM, NAUCHANDI GROUND, MEERUT, (U.P.). Goods & Service Details [CLASS: 2] PAINTS & PUTTI. Publication Details Published in Journal No. : 1442-0 Dated 16/06/2010
(Emphasis Supplied)
Learned counsel appearing for the petitioner further points out that the Registrar of Trademark, had also issued a notice to the respondent no. 1 under Section 25(3) of The Trademarks Act, 1999, for renewal of the said Trademark. However, the respondent no. 1 has not got the said Trademark renewed.
Thus, this Court notes that the prayer, which is sought by the petitioner in the present case, already stands satisfied, since the Trademark of the respondent no. 1 was valid/renewed, only upto 21st May, 2018, and is no longer subsisting.
Accordingly, the present petition is disposed of, noting the aforesaid.