Delhi High Court Orders Restoration of ‘BLUE CHIP’ Trademark to Mehta Cosmetics After Procedural Lapse by Registrar

Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

Date: 02.09.2026

Delhi High Court Orders Restoration of ‘BLUE CHIP’ Trademark to Mehta Cosmetics After Procedural Lapse by Registrar

The Delhi High Court delivered a significant judgment in the case of Amrit Singh Mehta Trading as Mehta Cosmetics vs. Controller General of Patents, Designs and Trade Marks. The case revolved around the removal of the ‘BLUE CHIP’ trademark from the register due to alleged non-renewal, raising important questions about procedural fairness and statutory obligations under the Trade Marks Act, 1999.

Background of the Case

• Trademark Application and Registration:
  • The petitioner, Amrit Singh Mehta, filed an application for the ‘BLUE CHIP’ trademark (Class 03) on July 21, 1992.
  • The mark was registered on August 3, 2005, after a long delay of 13 years.
  • However, the petitioner never received the registration certificate.
• Issue of Renewal and Removal:
  • The renewal date, based on the application, was July 21, 2002, but registration was granted only in 2005.
  • Due to non-filing of the renewal application (as the petitioner was unaware of the registration), the trademark was removed from the register and marked as expired in June 2010.
• Petitioner’s Efforts:
  • The petitioner made several attempts to obtain information through RTI applications.
  • The Trade Marks Registry confirmed registration but could not provide evidence of dispatching the certificate or renewal notices.

Legal Arguments

• Petitioner’s Stand:
  • The petitioner argued that under Rule 64(3) of the Trade Marks Rules, 2002, when registration occurs after the renewal date, the proprietor is entitled to a six-month window from the actual date of registration to apply for renewal.
  • Since the registration certificate was never received, the petitioner was deprived of the opportunity to renew.
  • The Registrar failed to send the mandatory notice (Form-O2) before removing the mark, violating Section 25(3) of the Trade Marks Act.
• Respondent’s Stand:
  • The respondent (Trade Marks Registry) claimed that records were not traceable due to the passage of time and could not confirm dispatch of the certificate or notices.

Court’s Analysis and Findings

• The court found that:
  1. The petitioner did not receive the registration certificate, a fact unrefuted by the respondent.
  2. The Registrar failed to send the mandatory renewal notice (Form-O2) before removal.
  3. Rule 64(3) entitled the petitioner to a six-month renewal window from the date of registration, which was missed due to lack of communication.
  4. Removal of the trademark without following statutory procedure was unjustified.
• The court cited several precedents, emphasizing that removal of a trademark must be preceded by strict compliance with procedural requirements, including notice to the proprietor.

Judgment and Directions

• The Delhi High Court ruled in favor of the petitioner:
  1. Directed the restoration and reinstatement of the ‘BLUE CHIP’ trademark registration.
  2. Allowed the petitioner to file a renewal application within six weeks.
  3. Ordered the respondent to process the renewal if all formalities are completed.

Significance of the Judgment

This judgment reinforces the importance of procedural safeguards for trademark proprietors. It clarifies that:

• Statutory notices and communication are mandatory before removal of a trademark.
• Proprietors must not be penalized for administrative lapses beyond their control.
• The Registrar’s obligations under the Trade Marks Act and Rules are to be strictly enforced.

Conclusion

The decision in Mehta Cosmetics sets a strong precedent for trademark law in India, ensuring that rights of proprietors are protected against procedural lapses by authorities. It highlights the judiciary’s commitment to upholding statutory rights and due process in intellectual property matters.

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Source: Delhi High Court

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Ravi Shekhar Jha – Advocate, Bar Council of Delhi