Madras High CourtWP(IPD)/33/2025disposed of

Vinaitheerthagounder Jaundice Treatment Pvt Ltd., v. The Registrar Of Trade Marks

2025-11-11Honourable Mr.Justice N.Senthilkumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2025

CORAM

THE HON'BLE MR. JUSTICE N. SENTHILKUMAR Vinaitheerthagounder Jaundice Treatment Pvt. Ltd., Rep. by its Director Sumathi Arul, 17/22/1 Thiruvalluvar Street, Yercaud Main Road, Chinnakollapatti, Salem 636 008.

..Petitioner Vs

1. The Registrar of Trade Marks, Intellectual Property Office, GST Road, Guindy, Chennai-600 032.

2. Shanthi Sivakumar 17, Thiruvallur Street, Yercaud Main Road, Chinnakollapatty, Salem-636 008.

(R2 impleaded vide order dated 19.08.2025 made in WMP(IPD)No.24 of 2025 in WP(IPD)No.33 of 2025 by SKRJ) ..Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to consider the representation of the petitioner dated 04.06.2025 and consequently direct the respondent authority to issue the trademark in favour of the petitioner.

For Petitioner:

Mr.Gajendran Ravi For Respondents:

Ms.M.P.Jaisha, CGSC for R1 Mr. A.K.Rajaraman Mr.B.Karthik for R2

ORDER

The present writ petition is filed to dispose of the representation of the petitioner dated 04.06.2025.

2. The petitioner claims that they had applied for a trade mark in the name and style of "VINAITHEERTHAGOUNDER JAUNDICE HERBAL TREATMENT". Their Trade Mark Application No.4163959 in Class 5 is pending with the 1st respondent for the reason that there is an opposition petition filed by the 2nd respondent in the matter and the same has to be considered by the 1st respondent to pass appropriate orders.

3. Learned counsel for the 2nd respondent submits that the prayer sought by the petitioner cannot be entertained, as the opposition petition has been pending before the authority for consideration.

4. Learned counsel for the 1st respondent submits that the matters are taken up only in a chronological way and no priority will be given. If at all the petitioner is aggrieved, they can file an expedite application before the 1st respondent.

5. In view of the above submissions, the writ petition is disposed of with a direction to the petitioner to file an expedite application before the 1st respondent. On filing such application, the 1st respondent shall consider the application and pass appropriate orders on merits as expeditiously as possible. No costs.

11.11.2025 Index:Yes/No Internet:Yes/No Kj To The Registrar of Trade Marks, Intellectual Property Office, GST Road, Guindy, Chennai-600 032.

N.SENTHILKUMAR,J.

Kj 11.11.2025