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Bombay High Court Dismisses SUNDAY Trademark Renewal Petition

28 July 2026

The Bombay High Court on July 21, 2026, dismissed a writ petition filed by the proprietor of the SUNDAY trademark seeking renewal of the registration. The court held that the Trade Marks Registry had fulfilled its statutory obligations by properly dispatching the renewal notice under Section 25(3) of the Trade Marks Act.

The original proprietor, trading as M/s. Anand Ply, had applied for registration of SUNDAY claiming use since February 1, 2008. The petition alleged that the owner never received the renewal notice and sought directions for renewal despite a five-year lapse. The court examined evidence of dispatch and concluded that the Registry had complied with procedural requirements.

The ruling emphasizes the importance of due diligence by trademark owners in monitoring renewal deadlines and maintaining accurate contact information with the Registry. It also clarifies the legal effect of properly dispatched notices in renewal proceedings.

This decision provides guidance on procedural compliance in Indian trademark renewals and the limits of judicial intervention where statutory duties have been met by the office.

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