Court Upholds Natural Justice, Orders Reinstatement of "Sakthi" Trademark Registration
In a landmark decision, the Madras High Court has overturned the cancellation of the trademark registration for "Sakthi" owned by Perundurai Chennimalai Gounder Duraisamy, a manufacturer of food products. Justice N. Anand Venkatesh ruled that the unilateral cancellation of the trademark by the Registrar of Trade Marks was illegal and violated the principles of natural justice.
The appellant, Duraisamy, had been using the "Sakthi" trademark since 1977 and officially registered it on July 15, 2005, under Certificate No.400179. Despite regular renewals, the Registrar of Trade Marks cancelled the registration without notice, leading to the appeal.
The case arose after the Controller General of Patent, Design and Trademarks issued a public notice on February 6, 2023, listing applications deemed abandoned due to non-filing of counter statements in opposition cases. The appellant's application was mistakenly included, although it was already registered.
Upon discovering the cancellation, Duraisamy made representations on February 20 and 27, 2023, requesting restoration of the trademark registration. Meanwhile, the public notices were challenged in the Delhi High Court, resulting in the withdrawal of these notices by the Controller of Patents.
Despite the withdrawal, the Registrar issued an order on May 9, 2025, declaring the application abandoned, prompting Duraisamy to appeal. Justice Venkatesh found the Registrar's actions arbitrary, emphasizing that the appellant was never given an opportunity to contest the cancellation - a clear violation of natural justice.
The court highlighted that once a trademark certificate is issued, any grievances should be addressed through rectification proceedings, not unilateral cancellation. Additionally, the Registrar's continuation with the abandonment order, despite the withdrawal of public notices, was deemed inappropriate.
Justice Venkatesh's judgment directs the Registrar to reinstate the "Sakthi" trademark registration within four weeks, restoring Duraisamy’s rights to the brand used widely across India and internationally.
Bottom Line:
Trademark Registration - Unilateral cancellation of a validly issued and renewed trademark registration certificate without providing notice to the registrant is illegal and unsustainable. Rectification is the appropriate remedy for grievances post-registration, and principles of natural justice must be upheld.
Statutory provision(s):
- Trademarks Act, 1999 Section 91
- Trademarks Act, 1999 Section 21(2)
- Principles of Natural Justice
