M/S.Aston Packaging Solution v. The Registrar Of Trade Marks

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR M/s.Aston Packaging Solution ... Petitioner -vsThe Registrar of Trademarks, Trade Marks Registry, Intellectual Property Building, G.S.T.Road, Guindy, Chennai 600 032.

... Respondent Prayer: Writ Petition (IPD) filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus seeking for a direction to the respondent to consider the representation made by the petitioner through his attorney on 30.06.2025 for fixing a hearing in Opposition No.1011897 in Application No.3892145 for registration of Device Trade Mark 'ASTON' under class 17 and dispose of the same on the file of the respondent within a time frame.

For Petitioner : Ms.T.Hemalatha For Respondent : Mr.Ravi Meenakshisundaram, Senior Panel Counsel 1/4

ORDER

This writ petition is filed seeking for a direction to the respondent to consider the representation made by the petitioner through his attorney on 30.06.2025 for fixing a hearing in Opposition No.1011897 in Application No.3892145 for registration of Device Trade Mark 'ASTON' under class 17 and dispose of the same on the file of the respondent within a time frame fixed by this Court.

2.The brief facts of the petitioner are as follows: The petitioner is a partner of M/s.Aston Packaging Solution, engaged in the business of manufacturing self-adhesive tapes and masking tapes since 12.08.2015 under the trade mark 'ASTON'. The petitioner filed a Trademark Application on 19.07.2018, which was accepted and advertised in the Trade Mark Journal on 01.07.2019 vide Trade Mark journal No.1980. The same was opposed by Astral Poly Technik Ltd. On 26.10.2019 vide Opposition No.1011897. The petitioner filed their counter statement on 26.11.2019, and both parties have completed their evidence. Despite completion of pleadings and evidence, no hearing was fixed by the 2/4

respondent till date. Therefore, a representation was submitted on 30.06.2025 through the petitioner's attorney requesting for an early hearing. Since no action has been taken by the respondent till date, the petitioner is before this Court.

3.Learned counsel for the petitioner submitted that though the petitioner's Trade Mark application was opposed and both parties have completed their evidence, no hearing has been fixed so far, and the petitioner's representation dated 30.06.2025 seeking an early hearing is still pending consideration before the respondent.

4.Mr.Ravi Meenakshisundaram, learned Senior Panel Counsel appearing for the respondent submits that a direction may be issued to the respondent to dispose of the representation sent by the petitioner. 3/4

N.SENTHILKUMAR,J.

vga 5.Considering the submissions made by both the learned counsel, this Court directs the respondent to consider and dispose of the representation dated 30.06.2025 made by the petitioner, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, No costs.

06.11.2025 Index : Yes / No Internet : Yes / No vga To The Registrar of Trademarks, Trade Marks Registry, Intellectual Property Building, G.S.T.Road, Guindy, Chennai 600 032.

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