TRADE AND MERCHANDISE MARKS ACT, 1958
Application for review of Registrar’s  decision.
Section 97 (c), Rule 115

In  the  matter  of  Registration  No. 430069 (XENOBID) in Class ………….. in the name of …………………………….. Secretarial and Legal Division, …………………….

We,  ………………………, having registered office at …………………… being the applicants in the above matter hereby apply to the Registrar for the review of this decision dated the ………….20……….. vide its letter dated …………..20……….. received by us on ……………20 ………… in the above matter.

The grounds for making the application are set forth in the accompanying statement.
To :

The Registrar of Trade  Marks,
The Office of Trade Marks Registry at ………………...

STATEMENT OF CASE
(of  the application of review)

1. We,  M/s………………………., Manufacturers and merchants having its registered office at ………………………………………. filed an application through an attorney M/s. ……………….. Company for registration of the Trade Mark XENOBID in Class 5 at the Trade Marks Registry at Mumbai.

2. The said application was numbered as …………. dated ……………. in Class …… in respect of Medicinal, Pharmaceutical and Veterinary  preparations.

3. We had given the authority to M/s. ……………………. to file the above application on behalf of us and to do all such acts pertaining to the said Trade Mark from time to time.     
  
4. However, from the date of application till …….20……., we did not receive any information from our attorney regarding  the above Trade Mark.   We did not receive the Examiner’s Report, letter for compliance like filing of Drug Affidavit,  Original  Registration Certificate or any notice for renewal in  Form O-3 either from our attorney or from your goodselves.

5. After our personal inquires with your office we came to know that the Trade Mark application was advertised in the Trade Marks Journal No. 933 dated ……..20………, page no. 72 and thereafter the Mark was abandoned since the Drug Affidavit was not filed.

6. On becoming aware of the fact  that the said Trade Mark was abandoned by the Registry due to the non filing of the Drug Affidavit, we revoked and cancelled  the authority given to M/s. ………………………. with effect from …………..20…….. in respect of the said Trade Mark and requested that all future correspondence be directed to our registered address (copy of the letter enclosed).

7. We have thereafter, taken up the matter with our attorney but did not receive any reply from them with regard to above application.  Due to the non-receipt of the upto  date information from our attorney or from  your good selves we could not take any action or steps for the Registration of the said Trade Mark.

8. The Company has commenced the use of the mark XENOBID in respect of Medicinal and Pharmaceutical preparations and is using the same continuously since 1991.

9. In view of the above circumstances,  it  is most  respectfully requested that  the learned Tribunal be pleased to review the order  and restore the above mark in the interest of justice, equity and good conscience.  The Company shall pay the renewal fees alongwith the penalty, if any,  as per the order of the learned Tribunal.

To :
The Registrar of Trade  Marks,
The Office of Trade Marks Registry at Mumbai

Dated……………..

Address……………….
Dear Sir,

Re  :  Trade and Merchandise Marks Act, 1958 Application for review of registrar’s decision  on Form TM - 57 Company Code - 63.

We are enclosing herewith an application in Form TM-57, in  triplicate, for registration of the above trade mark.

The necessary fees will be paid by the bearer of this letter in cash.

Kindly acknowledge receipt and forward us the.

 Thanking you,

								Yours faithfully,
…………………………