Common Scope Inc. Of North v. Union Of India Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2018
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.29213 of 2017 and W.M.P.No.31472 of 2017 CommScope Inc. of North Carolina 1100 Commscope Place S.E.Hickory North Caolina United States of America Represented by Authorised Signatory Laura Johnson Thomas ... Petitioner Vs 1.Union of India represented by its Secretary Ministry of Commerce and Industry Department of Industrial Policy & Promotion Udyog Bhawan Rafi Ahmed Kidwai Marg Rajpath Road area, Central Secretariat New Delhi - 110 011.
2.The Registrar of Trademarks Trademarks Registry Bhaudhik Sampada Bhawam Industrial Estate SIDCO RMD Godown Area GST Road Guindy, Chennai-600 032.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the second respondent to issue fresh Registration Certificate for petitioner's Application No.1380719 with a correct date of sealing and consequently, grant the petitioner a period of three months or such further period as fixed by this Court for filing a renewal request from the date of issuance of fresh Registration Certificate.
For Petitioner : Mr.Rajesh Ramanathan For Respondents : Mr.B.Sudhir Kumar Central Government Standing Counsel
ORDER
The petitioner has come up with this writ petition seeking a direction to the second respondent to issue fresh Registration Certificate and consequently, grant the petitioner time for filing a renewal request from the date of issuance of such Registration Certificate.
2.According to the learned counsel for the petitioner, the petitioner has submitted representations dated 28.04.2016, 08.05.2016 and 17.08.2016 before the learned Controller General, Head Trademarks Registry, Mumbai, for issuance of Registration Certificate and also for issuance of the renewal certificate for the trademark. Though the respondents received those representations, they have not chosen to consider the claim of the petitioner. Hence, the petitioner is before this Court. 3.The second respondent has filed a counter affidavit and it is relevant to extract paragraph 5, which reads as follows: "5.I state with regard to the statements made in paragraph 11 to 17 of the petition it is submitted that the respondents will abide by the order of this Hon'ble Court, if the Court orders to issue fresh registration certificate in respect of Trade Mark No.1380719 in Class 6 and to renew the registration form 17.08.2015 to 17.08.2025 on filing of renewal application on form TM-R by the petitioner with the prescribed fee."
4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side and in the light of the counter affidavit filed by the second respondent, this Court directs the second respondent to correct the error crept in in the Registration Certificate and issue fresh Registration Certificate to the petitioner. On receipt of the same, it is open to the petitioner to submit necessary application for renewal of the trademark, if any, to the respondent, for passing necessary orders.
5.With the above directions, this writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kj To 1.Union of India represented by its Secretary Ministry of Commerce and Industry Department of Industrial Policy & Promotion Udyog Bhawan Rafi Ahmed Kidwai Marg Rajpath Road area, Central Secretariat New Delhi - 110 011.
2.The Registrar of Trademarks Trademarks Registry Bhaudhik Sampada Bhawam Industrial Estate SIDCO RMD Godown Area GST Road Guindy, Chennai-600 032.
+1cc to Mr.Rajesh Ramanathan, Advocate, S.R.No.76046 +1cc to Mr.B.Sudhir Kumar, Advocate, S.R.No.76346 W.P.No.29213 of 2017 and W.M.P.No.31472 of 2017 GSP(23/11/2018)