Madras High CourtWP(IPD)/20/2024disposed of

A.Salaudeen v. The Registrar Of Trade Marks,

2024-07-31Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2024

CORAM:

THE HON`BLE MR.JUSTICE P.B.BALAJI WP (IPD) No.20 of 2024 Mr.A.Salaudeen .. Petitioner ..Vs.

1.The Registrar of Trade Marks, Trade Marks Registry, Baudhik Sampda Bahve, S.M.Road, Antoop Hill, Mumbai - 400 037.

2. The Deputy Registrar of Trade Marks, Trade Marks Registry, GST Road, Guindy, Chennai.

3.A.Abdul Rahuman.

4.A.Jakir Husssain .. Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent No.1 to dispose of the Application for post registration changes in the trademarks preferred by the Petitioner in TM-P Form dated 25.07.2017 qua the registered trademarks viz., 'Globe' (Trademark No.1076200), 'Cock' (Trademark No.789077) and 'Anil' (Trademark No.173696) in favour of the Petitioner within the period that may be stipulated by this Court. 1/4

For Petitioner : Mr.Ajmalkhan, Senior Counsel for for Ajmal Associates For Respondents : Mr.R.Subramanian, Additional Central Government Standing Counsel

O R D E R

Mr.R.Subramanian, learned Additional Central Government Standing Counsel takes notice for the respondents.

2. Considering the limited scope of the prayer sought for by the writ petitioner, the main writ petition itself is taken up for disposal. It is the specific case of the petitioner that the Application for post registration changes in the Trademark in TM-P Form dated 25.07.2017 qua the registered trademarks viz., 'Globe' (Trademark No.1076200), 'Cock' (Trademark No.789077) and 'Anil' (Trademark No.173696) has been pending right from 25.07.2017 onwards.

3. The limited prayer of the writ petitioner is that the good will and 2/4

reputation of the petitioner is being eroded because of unlawful, unauthorised, deceitful use by third parties and hence, he has also reminded regarding pending Application dated 25.07.2017 to the first respondent on 21.03.2022. Further reminders was sent on 03.06.2023 via e.mail, which was also not responded to and no orders have been passed.

4. Considering the fact that the first respondent is bound to pass orders on the Application dated 25.07.2017, the first respondent has been keeping the file pending for the past 7 years, therefore, in the interest of justice and also considering undue hardship that has been caused to the writ petitioner, it is just and proper that the first respondent is directed to dispose of the Application within a period of eight (8) weeks from the date of receipt of the copy of this order, final orders will be passed after hearing the petitioner and respondents 3 and 4. No costs.

31.07.2024 Index : Yes/No Speaking/Non-speaking order rkp P.B.BALAJI, J.

3/4

rkp To 1.The Registrar of Trade Marks, Trade Marks Registry, Baudhik Sampda Bahve, S.M.Road, Antoop Hill, Mumbai - 400 037.

2. The Deputy Registrar of Trade Marks, Trade Marks Registry, GST Road, Guindy, Chennai.

WP (IPD) No.20 of 2024 31.07.2024 4/4