Dazzle Food Products Pvt Ltd v. Registration Of Trade Marks Trade Mark Registry Kolkata And ORS

Item No.20 21.03.2024 Court. No. 19 GB C.O. 65 of 2024 Dazzle Food Products Private Limited Vs.

Registrar of Trade Marks, Trade Mark Registry, Kolkata & Ors.

Mr. Siddhartha Das, Mr. Souvik Kundu ... for the Petitioner.

The revisional application has been filed by the petitioner for early disposal of the opposition filed on December 18, 2019, which is still pending before the opposite party no.1/Registrar of Trade Marks, Trade Mark Registry, Kolkata.

Considering the submissions, this Court is of the view that the prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite parties.

Under such circumstances, the revisional application is disposed of with a direction upon the Registrar of Trade Marks, Trade Mark Registry, Kolkata to make a sincere endeavour to dispose of the opposition being no.1020954 dated December 18, 2019, within a period of three months from the date of receipt of this order. Unnecessary adjournments shall not be granted to any of the parties. Adequate opportunity shall be given to the parties to contest the same.

This court has not expressed any opinion on the merits of the opposition. The Registrar of Trade Marks, Trade Mark Registry, Kolkata shall proceed independently and in accordance with law.

A copy of the revisional application, along with a server copy of this order be served upon the opposite parties as also upon the learned advocate appearing on behalf of the opposite parties.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)