RADHA KISHAN KHANDELWAL Vs. ASSISTANT REGISTRAR OF TRADE MARKS NEW DELHI

JUDGEMENT

(1.) This order will dispose of two appeals viz. F.A.O. (T & M) 186 of 1968 and F.A.O. (T & M) 187 of 1968 both of which are directed against the orders made by the Registrar of Trade Marks and are between the same respondents.

(2.) Under section 2 (q) of the Trade and Merchandise Marks Acts, 1958 (hereinafter referred to the Act) a registered proprietor in relation to a trade mark means a person for the time being entered in the register as proprietor of the trade mark. Under section 24 (2) of the Act where more than one person are registered as joint proprietors of the trade mark they are to be treated to be a single person. Under section 25 the registration of a trade mark ensures for a period of seven years but it may be renewed from time to time on the application made by the registered proprietor of a trade mark subject to payment of prescribed fee.

(3.) The appellant claims that before the expiry of the period of seven years an application under the signature of Rama Shanker Avasthi (respondent No 4) was made by the appellant and respondents 3 and 4 for the renewal of the trade mark "USHA" which they had been using continuously since its registration and the same was renewed for a further period of seven years with effect from 11-9-1965. The renewal was also made in the names of the appellant and respondents 3 and 4 after necessary advertisement in the Trade Marks Journal on 1-8-1965.