Samriddhi Agro Foods Pvt. Ltd. v. Registrar Of Reade Marks, Reade Mark Registry And ANR

22.03.2024 Sl. No.4(DL) srm C.O. No. 492 of 2024 Samriddhi Agro Foods Private Limited

Versus

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

Mr. Akash Munshi, Mr. Souvik Kundu ...for the Petitioner.

The petitioner prays for expeditious disposal of the proceedings of Opposition No.1210836 of the trademark bearing No.5143852 in Class 30, which is pending before the Registrar of Trade Marks, Trade Mark Registry, Kolkata. Considering the submission, this Court is of the view that the prayer of the petitioner, for early disposal of the proceeding, 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 to make an endeavour to dispose of the Opposition of the trademark bearing No.5143852 in Class 30 within a period of six months from date, independently and strictly in

accordance with law, upon allowing the parties to contest the proceeding. Unnecessary adjournments shall not be granted to any of the parties.

This Court has not gone into the merits of the Opposition.

A copy of the revisional application along with a server copy of this order be served upon the opposite parties within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)