Madras High CourtWP/15534/2016disposed of

M/S.Advaith Bio Remedies,A Reg v. The Registrar Of Trademarks,

2016-06-02Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2016

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.15534 of 2016 M/s.Advaith Bio Remedies, A reg partnership firm rep. by partner Mr.Y.Naveen Kumar No.26 Veerasandra Industrial Area Electronic City, Phase-2, Bangalore-560 100 Karnataka.

..Petitioner Vs The Registrar of Trademarks Office of the Trademarks Registrar, IP Office Building, GST Road, Guindy, Chennai- 600 032, Tamil Nadu ..Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to dispose off the petitioner's application for registration in application No.3040849 in Class 05 within a time frame as may be fixed by this Hon'ble court. For Petitioner : Mr.C.S.Kiran For Respondents : Mr. K.Srinivasamurthy

ORDER

The learned counsel appearing for the petitioner has drawn the attention of this Court to the affidavit as well as the typed set of documents.

2. The petitioner is running a business of manufacturing and marketing Ayurvedic medicines and cosmetics eversince the year 2011 and their products are considered and used by everyone as finest quality products available in the country and they also market one of their product under the brand name BIO CARE. It is further submitted by the learned counsel for the petitioner that the petitioner has also applied for registration of trade mark BIO CARE, label as well as word per se vide application No.3040849 in class 05 dated 24.8.2015 and though nearly one year had elapsed, the said application has not been considered and as a consequence, the business of the petitioner suffers and hence, prays for appropriate orders. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the submissions of Mr.K.Srinivasamurthy, learned counsel, who accepts notice on behalf of the respondent.

4. This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the respondent to consider and dispose of the petitioner's trade mark application bearing No.3040849 in class 05 dated 24.8.2015 as expeditiously as possible, by giving utmost preference.

5. Writ petition is disposed of accordingly.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar kua To:

The Registrar of Trademarks Office of the Trademarks Registrar, IP Office Building, GST Road, Guindy, Chennai- 600 032, Tamil Nadu +2ccs to Mr.C.S. Kiran, Advocate, S.R.No.29389 BVR(CO) EU(16/06/2016) W.P.No.15534 of 2016 https://hcservices.ecourts.gov.in/hcservices/