M/S Guruji Enterprises Pvt Ltd. vs Union Of India And Anr. on 27 March, 2017

1. The unsuccessful petitioner in W.P.(C) No.6562/2012 is the appellant
before us.
2. The said writ petition was filed challenging the removal of Trademark
‘GURUJI’ which was initially registered in petitioner’s favour. The
contention was that the prior notice in Form O-3 which is mandatory under
Section 25(3) of the Trade Marks Act, 1999 (for short ‘the Act’) read with
Rule 64 of the Trade Marks Rules, 2002 (for short ‘the Rules’) was not
issued. The said allegation was denied by the respondent No.2 and a copy
of the Form O-3 notice sent to the petitioner had been annexed as Annexure-
A to the counter affidavit. It was also explained that the said notice was
generated in the electronic form and was sent by post. Though it was
contended by the petitioner that the said notice was never received by him,

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the learned Single Judge did not accept the said plea and held that in the
light of Rule 15 of the Trade Marks Rules, 2002, Form O-3 notice which
was sent by the Registrar must be deemed to have been served. The writ
petition was accordingly dismissed by the learned Single Judge by the order
under appeal dated 20.01.2016.

Source: Indian Kanoon

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