View Inc. v. Senior Examiner Of Trade Marks And ANR

OD 8 ORDER SHEET TMA/1/2021

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION ORIGINAL SIDE VIEW INC.

Versus

SENIOR EXAMINER OF TRADE MARKS AND ANR.

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 24th February, 2022.

(Via Video Conference) Appearance:

Mr. Debnath Ghosh, Adv.

Mr. Sudhakar Prasad, Adv.

Mr. Pradipta Bose, Adv.

...for the appellant Mr. Rudraman Bhattacharya, Adv.

Mr. Akash Munshi, Adv.

...for the respondents The Court: This is an appeal filed against an order passed by the learned Senior Examiner of Trade Marks in relation to an application for registration of a Trade Mark.

Upon perusal of the order dated December 3, 2018 and the grounds provided thereafter by an order dated January 29, 2021, I am of the view that the orders passed are not speaking orders and have not properly dealt with the grounds raised by the petitioner. Mr. Ghosh relies on the judgment of the Bombay High Court passed by Justice G.S. Patel in Commercial Appeal (L)

No.18137 of 2021 and Commercial Appeal (L) No.18138 of 2021 (Metso Outotec Corporation vs. Registrar of Trade Marks) to buttress his arguments. I do agree that brevity is required, however, complete lack of reasons upon which the authority has based the order cannot be accepted by this Court. In light of the same, the order is quashed and set aside. I make it clear that all points shall be kept open before the authority. The authority is directed to grant a fresh hearing to the petitioner and thereafter pass a reasoned order in terms of Section 18(5) of the Trade Marks Act, 1999 within a period of eight weeks from date.

Accordingly, TMA/1/2021 is disposed of.

(SHEKHAR B. SARAF, J.) B.Pal