Gxt Green Inc (Delaware) And ANR v. Union Of India And ANR

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12310/2015 GXT GREEN INC (DELAWARE) AND ANR ..... Petitioners Through None.

versus UNION OF INDIA AND ANR ..... Respondents Through Mr Mahipal Singh Rajpur, Senior Panel Counsel and Mr Sarfaraz Ahmad, Govt. Pleader.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 14.11.2017 1.

None appears for the petitioners.

2.

The petitioners have filed the present petition, inter alia, praying as under:- "(a) issue an appropriate writ, order or direction calling for records of the office order/s dated 19/04/2017 & 01/03/2017 passed by the respondents no. 2 & 3 in matter bearing Reference No. SRN GG06346159/1/2016-CL.VII i.e. Annexure P/1 & P/2 and after perusal quash/set aside the same; "

3.

The learned counsel appearing for respondents states that three applications for registration of the trademark GXT GREEN being application no 2468953, 2468954 & 2468955 in Class 35, 36 and 42 respectively, were published in the Trademarks Journal and the process for registering the trademark shall be completed as expeditiously as possible. Insofar as the remaining two applications being application Nos. 2468951

and 2468952 for registration of the trademark ECOGRADE and ECOgrade in Class 16 are concerned, the examination report had been submitted and the petitioners‟ reply to the same has also been received. The reply received from the petitioners has been found to be „not satisfactory‟ and has been forwarded to TLA Section (Listing). The learned counsel submits that the same would be taken up for hearing on its turn. 4.

It is seen that there are considerable delays on the part of the respondents in processing application in general. The respondents shall take all efforts to ensure that the applications are considered and dealt with expeditiously and in accordance with The Trademarks Act, 1999. 5.

In view of the statement that the applications for registration are being processed, no further orders are required to be passed. Further, since none appears for the petitioners, the petition is dismissed for non-prosecution as well.

VIBHU BAKHRU, J NOVEMBER 14, 2017 pkv