1973 (3) TMI 138 - HC - Companies Law

Summary

The appellant's trademark was removed from the register due to non-payment of fees for renewal. The Registrar may restore the mark to the register if it is just to do so. The Registrar dismissed the appellant's restoration petition without proper consideration. Restoration should not be denied if it is just, without penal considerations. Restoration may be denied if a third party would be prejudiced, but in this case, restoration is allowed. The appeal is allowed with no costs.