https://www.taxtmi.com/caselaws?id=197065 A trade mark removed from the register for non-renewal may be restored where the statutory restoration power is exercised justly and for its proper purpose. The Registrar's discretion under Section 19(3) of the Trade Marks Act, 1940 and Rule 49(2) of the Trade Marks Rules, 1942 is not punitive and cannot be used arbitrarily or as a matter of personal preference. Mere delay in applying for restoration is not, by itself, enough to refuse relief, especially where no third party rights have been shown and no prejudice to others is demonstrated. Restoration was therefore held to be warranted and the trade mark entitled to be restored. en-us Thu, 29 Mar 1973 00:00:00 +0530 Sat, 23 Dec 2017 13:11:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197065 A trade mark removed from the register for non-renewal may be restored where the statutory restoration power is exercised justly and for its proper purpose. The Registrar's discretion under Section 19(3) of the Trade Marks Act, 1940 and Rule 49(2) of the Trade Marks Rules, 1942 is not punitive and cannot be used arbitrarily or as a matter of personal preference. Mere delay in applying for restoration is not, by itself, enough to refuse relief, especially where no third party rights have been shown and no prejudice to others is demonstrated. Restoration was therefore held to be warranted and the trade mark entitled to be restored. Case-Laws Companies Law Thu, 29 Mar 1973 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197065