Petitioner sought restoration of trade mark registration in its name after the Registry erroneously altered it. Court disposed of the petition as the error was rectified post-filing.
The petition was disposed of as the Registration has been restored in the petitioner's name and address updated.
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MITTAL ELECTRONIC INDUSTRIES .....Petitioner
Through: Mr. Siddharth Yadav and Mr. Nageshwar Kumar, Advs.
versus
THE REGISTRAR OF TRADE MARKS .....Respondent Through: Mr. Srish Kumar Mishra, Adv.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 11.07.2024
“a. Issue a Writ(s), Order(s), Direction(s) in the nature of Mandamus and/or any similar Writ(s), Order(s), Direction(s) directing Respondent to restore/reinstate the Petitioner’s Registered Proprietor Name to MITTAL ELECTRONIC INDUSTRIES in the Registered Trade Marks Application of MILTON bearing its Trade Marks Application No. 419520 in Class 9 of The Trade Marks Act, 1999;
b. Issue a Writ, Order, or Direction of Mandamus directing Respondent to change the Petitioner’s Firm Address to 1701, Bhagirath Palace, Delhi-110006 in respect of allowed Request on TM-34 dated 22nd July 2002 in the Registered Trade Marks Application of MILTON bearing its Trade Marks Application No. 419520 in Class 9;
c. Issue a Writ, Order, or Direction of Certiorari instructing the Respondent to quash, set aside any order or direction if made, that unilaterally changed the Registered Proprietor Name from MITTAL ELECTRONIC INDUSTRIES to INDIAN AGENCIES in the Registered Trade Marks Application for MILTON under Trade Marks Application
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 02:55:58
No. 419520 in Class 9;
d. Such other Writ, Order, or Direction in favour of the Petitioner as may be deemed just and proper in the facts and circumstances of the case.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 02:55:58
notification to the petitioner. As a result whereof, the petitioner remained uninformed about this change. In fact, it was only by way of a RTI application dated 25.10.2023 when the petitioner sought information regarding alteration in address and name that the petitioner was informed a vide a response dated 28.11.2023 by the respondent that no request, application or document had been submitted to effect the change of the name of the registered proprietor. Subsequently, though the petitioner then submitted a letter to the Post Registration Section on 28.12.2023 as well, however, despite the submission thereof, the respondent never took any action thereon.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 02:55:58
SAURABH BANERJEE, J
JULY 11, 2024/rr
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 02:55:58
1 provisions across 1 enactments
Mittal Electronic Industries
The Registrar of Trade Marks
Saurabh Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
