Delhi High Court Division Bench Upholds Restoration of "MBD" Trademark: Union of India & Ors. vs. Malhotra Book Depot
The Division Bench of the Delhi High Court, in Union of India & Ors. vs. Malhotra Book Depot (LPA No. 564 of 2012), has upheld the judgment dated November 29, 2011, passed by a Single Judge of the Delhi High Court in W.P.(C) No. 7882/2010, directing the restoration and renewal of the trademark "MBD" (Class 16) in favor of the respondent, Malhotra Book Depot. The Division Bench, however, modified the direction to require the Registrar to first satisfy itself that the respondent is indeed the registered proprietor or successor-in-interest of the mark, and that no identical or similar marks have been registered by third parties during the intervening period. Brief Facts The predecessors of the respondent—Shri Ashok Kumar Malhotra and late Shri Balbir Singh, trading as M/s. Malhotra Book Depot (subsequently constituted as a partnership of Ms. Satish Bala Malhotra, Ms. Monica Malhotra Kandhari, and Ms. Sonica Malhotra Kandhari)—had applied for and secured registration of t...