Electronica India Ltd v. The Registrar Of Trade Marks And ANR

CR-IPD 5 of 2025 (Old No. CO 1674 of 2024) N.22Sl 151/CL Electronica India Limited 03.09.25 SL-03 Ct-41 (S.R.) v.

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

Mr. S. Gupta Mr. Souparna S. Roy ... for the petitioner.

Affidavit of service filed on behalf of the petitioner be kept with the records.

This is a revisional application directed against the long pendency of an application for registration of a trade mark which was filed as far as back on 20th August, 2014. It is submitted on behalf of the petitioner that despite lapse of nearly a decade, the matter is being unnecessarily procrastinated by the Registry on frivolous grounds.

Despite an amendment application being filed as far as back on 22nd November, 2018 seeking change of the name of the petitioner, no effective steps whatsoever have been taken by the respondent authorities.

None appears on behalf of the respondents nor is any adjournment prayed for on their behalf.

It appears from the available records that the matter has simply procrastinated and unnecessary adjournments are being granted by the respondent authorities.

In view of the above and the unexplained and inordinate delay, CR-IPD 5 of 2025 stands disposed of by directing the respondent authorities to act expeditiously, in accordance with law, and dispose of the application for registration of the subject trade mark within a period of six months from the date of communication of this order. It is made clear that there has been no expression on the merits of the case and all questions are left to be decided by the respondent authorities in accordance with law.

There shall, however, be no order as to costs. Urgent Photostat certified copy of the order if applied for, be made over to the parties as expeditiously as possible.

(Ravi Krishan Kapur, J.)