Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 WP(C) NO. 2023 OF 2024 PETITIONER:
NOUSHAD, AGED 34 YEARS, S/O MOOSAKUTTY K.P, AYYANKUZHIKAL HOUSE, KAKKOTTU PURATH, OLAVATTUR P.O, PULIKKAL, MALAPPURAM DISTRICT, PIN - 673638 BY ADVS.
SIRAJ KAROLY MOHAMMED SHAD K.A.
RESPONDENTS:
1 THE REGISTRAR OF TRADEMARKS (UNDER THE TRADE MARKS ACT, 1999), KOZHIKODE, 2/845 H, KECHERY CHAKKITTA IDA, ERANHIPAALAM, BILATHIKKKULAM, KOZHIKODE, PIN - 673006 2 THE REGISTRAR OF TRADEMARKS, CHENNAI REGIONAL OFFICE, SIDCO INDUSTRIAL ESTATE, GST GUINTY ROAD, ANNA SALAI,CHENNAI, TAMIL NADU, PIN - 600032 3 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMERCE AND INDUSTRIES, VANIJYA BHAWAN, 16, AKBAR ROAD, NEW DELHI, PIN - 110001 4 M/S MAITHAN STEEL AND POWER LTD 9, A.J.C BOSE ROAD. 6TH FLOOR, IDEAL CENTER, KOLKATA, REPRESENTED BY ITS MANAGING PARTNER, PIN - 700017 5 THE CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS, OFFICE OF THE CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS, BOUDHIK SAMPADA BHAWN, S.M ROAD, ANTOP HILL, MUMBAI, MAHARASHTRA - 400037 BY ADV MINI GOPINATH - CGC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2023 OF 2024 2 JUDGMENT The petitioner only seeks a direction to the respondents to issue him Certificate of Trademark as INDIGOTMT, based on Ext.P1 application, within a time frame to be fixed by this Court.
2. However, in response to the afore submissions of Sri.Siraj Karoly - learned counsel for the petitioner, Smt.Mini Gopinath – learned Central Government Counsel, submitted that an opposition has been made by some persons/entity, against the application of the petitioner; and therefore, that the competent Authority will consider them in terms of law, without any avoidable delay.
3. I record the afore submissions of Smt.Mini Gopinath;
and consequently, allow this writ petition, to the limited extent of directing the competent among respondents to consider Ext.P1 application adverting to any opposition that may have been made and after affording necessary opportunities to both sides; thus culminating in an appropriate order and final action, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
WP(C) NO. 2023 OF 2024 3 I, however, clarify that I have not entered into the merits of any of the rival contentions and that all of them are left open to be decided by the competent Authority, while the afore exercise is completed.
Sd/- DEVAN RAMACHANDRAN JUDGE stu
WP(C) NO. 2023 OF 2024 4 APPENDIX OF WP(C) 2023/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPLICATION FORM DATED 02.03.2021 EXHIBIT P2 TRUE COPY OF THE EVIDENCE AFFIDAVIT SUBMITTED DATED 25.3.2023