Under Armou.Inc v. The Registrar Of Tradmarks,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-06-2026
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU Under Armou.Inc 1020, Hull Street, Baltimore, Maryland 21230, United States of America, through Ms.Aarushi Gupta, Authorized representative, A-15/32,Vasant Vihar, New Delhi - 110057.
..Petitioner(s) Vs
1. The Registrar of Tradmarks, The Registrar of Trademarks, Intellectual Property Office Building, G.S.T.Road,Guindy, Chennai-600 032.
2. Sanjeev Rakhra, TRADING AS.PRO-TRAIN SPORTS LLP, PARTNERSHIP FIRM DETAILS.MATHEW JACOB, No.102,SMR Vinay Vatika Apartments, Maruthi Seva Nagar, Bangalore - 560 033, Karnataka.
..Respondent(s) Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus seeking to direct respondent No.1 for expending the Rectification Petitions with respect to registrations of trademark applications bearing Nos.2778312 (Class 25), 2778313 (Class 28) and 2778314 (Class 35) and for appointing early hearings in these matters.
For Petitioner(s):
Mr.Somnath De for M/s.Sharavan Kumar Bansal For Respondent(s):
Mr.K.Subbu Ranga Bharathi CGSC for R1 No appearance (served) R2 set exparte
ORDER
This writ petition has been filed seeking to direct the first respondent for expending the Rectification Petitions with respect to registrations of trademark applications bearing Nos.2778312 (Class 25), 2778313 (Class 28) and 2778314 (Class 35) and for appointing early hearings in these matters.
2. Heard the learned counsel for the petitioner and the learned Central Government Standing counsel for the first respondent and perused the materials available on record.
3. Despite service of notice and the name being printed in the cause list, the second respondent has neither chosen to appear before this Court nor has been represented by any counsel. Hence, he is set ex parte.
4. The learned counsel for the petitioner submits that an applications for rectification has been filed by the petitioner on 11.12.2024 against the trademark registered in the name of the second respondent and would submit
that the same has been kept pending for almost 18 months. Hence, the petitioner has come up with this writ petition seeking the aforesaid relief.
5. The learned Central Government Standing Counsel appearing for the first respondent seeks four months time to dispose of the same.
6. In view of the submissions made by the learned counsels appearing on either side, this Court directs first respondent to dispose of the rectification petition with respect to registrations of trademark applications bearing Nos.2778312 (Class 25), 2778313 (Class 28) and 2778314 (Class 35) on merits and in accordance with law and after affording an opportunity of personal hearing to the petitioner as well as the aggrieved persons, if any, within a period of four months from the date of receipt of a copy of this order. The observation made in this order will not in any manner affect the interest of the second respondent as he could make his case to oppose the claim made by the petitioner in the hearing before the first respondent.
7. With the above directions and observation this writ petition is disposed of. No costs.
08-06-2026 Index: Yes/No rap
K.KUMARESH BABU, J.
rap To The Registrar Of Tradmarks, The Registrar of Trademarks, Intellectual Property Office Building, G.S.T.Road,Guindy,Chennai-600 032 08-06-2026