Fena Private Limited (ORA/07/2009/TM/KOL) v. Bajranglal Rathi Trading as M/S. Maheshwari Soap Industriesand Ors.

Calcutta HC16 Jul 2025IPDATM/261/2023

Case brief

AI extract

What is this about?

Cancellation of trade mark “FENA” (class 3); registration not renewed since 1981; Trademark Registry records indicate registration cancelled; application held infructuous; IPDATM/261/2023 disposed of; Registry directed to remove mark from Register of Trade Marks within two weeks; merits not expressed, all issues left open; Calcutta High Court Original Side IPR Division; Ravi Krishan Kapur, J.; 16 July 2025.

What did the court decide?

Application disposed of as infructuous; Trade Mark Registry directed to positively carry out removal of the impugned mark from the Register of Trade Marks within two weeks; no relief on merits, all issues left open. ¶¶13

Fena Private Limited (ORA/07/2009/TM/KOL) Vs Bajranglal Rathi Trading as M/S. Maheshwari Soap Industriesand Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the registration of the trade mark “FENA” (order no. 3, class 3) in favour of respondent nos. 1 to 7 should be cancelled.

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Court's answer

The instant application has become infructuous and IPDATM/261/2023 stands disposed of in view of the submissions that the Registry are taking steps to remove the impugned mark.

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Ratio / Principle

The exercise of removal of the impugned mark from the Register of Trade Marks is to be positively carried out within a period of two weeks from the date of the order.

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Key takeaways

There has been no expression on the merits of the case; all issues are left open to be decided in accordance with law if circumstances so warrant at any subsequent stage.ratio¶¶16

Detailed headnote1 paragraphs

Calcutta High Court, Original Side (Intellectual Property Rights Division) — IPDATM/261/2023 (Fena Private Limited v. Bajranglal Rathi trading as M/s. Maheshwari Soap Industries and Ors.). Application for cancellation of trade mark “FENA” registered under order no. 3 class 3 in favour of respondent nos. 1 to 7. Pursuant to orders of the Court, the respondent authorities relied on Trademark Registry details indicating that the registration stands cancelled; the impugned mark had not been renewed since 1981, a fact not brought to the Registry's attention, and steps were being taken for its removal from the Register of Trade Marks. The Court held the application infructuous and disposed of IPDATM/261/2023, directing that the removal exercise be positively carried out within two weeks from the date of the order. Expressly no expression on the merits; all issues left open to be decided in accordance with law at any subsequent stage. (Ravi Krishan Kapur, J.; 16th July, 2025.)

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OIPD-14

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IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE (Intellectual Property Rights Division)

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IPDATM/261/2023

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FENA PRIVATE LIMITED (ORA/07/2009/TM/KOL) VS

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BAJRANGLAL RATHI TRADING AS M/S. MAHESHWARI SOAP INDUSTRIESAND ORS.

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BEFORE:

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The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 16^th July, 2025.

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Appearance: Mr. Manish Kr. Mishra, Adv. Mr. Tamoghna Saha, Adv. …for the petitioner

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Mr. Dhruv Surana, Adv. Ms. Sumita Sarkar, Adv. …for the respondent no. 8

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The Court: This is an application for cancellation of mark “FENA” registered under order no. 3 class 3 in favour of the respondent nos. 1 to 7. The matter has been heard on several dates. Pursuant to orders of Court, the respondent authorities are represented and rely on the application details from the Trademark Registry which suggest that the registration in favour of the impugned order has been cancelled.

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The impugned mark has not been renewed since 1981. However, this fact was not brought to the attention of the Registry. It is submitted that immediate steps are being taken for removal of the impugned mark from the Register of Trade Marks.

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In such circumstances, the instant application has become infructuous. IPDATM/261/2023 stands disposed of in view of the submissions that

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the Registry are taking steps to remove the impugned mark. The exercise of removal is to be positively carried out within a period of two weeks from the date of passing of this order.

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In view of the above, nothing survives in this application.

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It is made clear that there has been no expression on the merits of the case. All issues are left open to be decided in accordance with law if the circumstances so warrant at any subsequent stage.

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(RAVI KRISHAN KAPUR, J.)

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S.Bag

Fena Private Limited (ORA/07/2009/TM/KOL) v. Bajranglal Rathi Trading as M/S. Maheshwari Soap Industriesand Ors.

Case brief

What is this about?

What did the court decide?

Fena Private Limited (ORA/07/2009/TM/KOL) v. Bajranglal Rathi Trading as M/S. Maheshwari Soap Industriesand Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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