Coffee Board v. Trade Marks Registry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2020

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.3506 of 2020 Coffee Board, Ministry of Commerce & Industry, Govt. of India, No.1, Dr.B.R.Ambedkar Veedhi, Bengaluru 560 001, Rep. by its Secretary & CEO.

... Petitioner vs Trade Marks Registry, Rep. by the Registrar of Trademarks, Intellectual Property Office Building, GST Road, Guindy, Chennai 600 032.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to direct the respondent to consider the trademark application bearing application Nos.4352902 and 4352904 in an expeditious manner and to grant registration of the same. For Petitioner : Mr.Prahalad Bhat For Respondent : Mr.T.V.Krishnamachari Standing Panel Counsel

O R D E R

This writ petition is filed seeking for a mandamus to direct the respondent to consider the trademark application bearing application Nos.4352902 and 4352904 in an expeditious manner and to grant registration of the same.

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2.After notice, a counter affidavit is filed by the respondent, wherein it is stated that the Applications bearing Application Nos.4352902 and 4352904 have already been accepted and advertised in the trade Marks Journal No.1933 dated 23.12.2019 made available to public on 23.12.2019 and the said applications will proceed further to registration subject to the provisions of the Trade Marks Act, 1999 and Trade Marks Rules, 2017. It is also stated in the counter that if any opposition is filed against the registration of the trade marks within the prescribed time, the Registrar of Trade Marks has to dispose of the opposition in accordance with the provision of Section 21 of the Trade Marks Act, 1999 and Rule 42 to 51 of the Trade Marks Rules, 2017.

3. Recording the abovesaid submission made by the respondent, I find that no further order is necessary in this writ petition. Accordingly, this writ petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vri To Trade Marks Registry, Rep. by the Registrar of Trademarks, Intellectual Property Office Building, GST Road, Guindy, Chennai 600 032.

+1cc to Mr.T.V.Krishnamachari, Advocate, S.R.No.20896 W.P.No.3506 of 2020 RSV(CO) KKV/15/06/2020 https://hcservices.ecourts.gov.in/hcservices/