IPAB expunges trademark DAVIDOFF

Intellectual Property Appellate Board ordered to remove the registered trademark DAVIDOFF (Class 25) from the trademark register saying that the trademark DAVIDOFF “has been wrongly renewed long after the statutory deadline date for renewal and accordingly it is to be treated as a lapsed trademark fit to be removed from the Register”.

The Board observed that “The crucial document namely proof of  payment of renewal fee both for first (1993-2000) and second cycle (2000-07) under the repealed 1958 Trademarks Act has not been furnished.  Mere notification in the Trade Marks Journal in 2007 cannot be taken as absolute proof of timely renewal.  All things  considered, there is no material on record to conclude that the renewal of the first and second cycle was effected lawfully.”

About DSLegal

A full service international law firm based in New Delhi with an office in Chicago, USA.
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