The Hon'ble High Court of Judicature at Bombay in Electonica vs Electonica Hitech [Commercial Miscellaneous Petition No. 47 of 2022 and Commercial Miscellaneous Petition No. 51 of 2022 decided on April 15, 2024], held that the Registrar of Trade Marks failed to follow due process and pass a speaking order while allowing the respondent's applications for recording transmission of trademarks, and remanded the matter back to the Registrar for fresh consideration.
Facts of the Case:
The Petitioner, Electonica India Ltd., filed two Commercial Miscellaneous Petitions (No. 47 of 2022 and No. 51 of 2022) before the High Court of Judicature at Bombay, challenging the purported orders passed by the Trade Mark Registry, Mumbai (the Respondent No. 2). These purported orders allowed the two Form TM-24 Applications filed by the Respondent No. 1, Electonica Hitech Machines Private Limited, for bringing the name of Respondent No. 1 on record as the subsequent proprietor of the trademarks nos. 1313395 and 1313396 related to the mark "Electronica".