M/S. Psychotropic India Limited Vs the Registrar of Trade Marks

This writ petition is filed on behalf of the Petitioner under Article 226 of the Constitution of India seeking a direction to the Respondent to forthwith correct the class of the goods in respect of Trademark Application bearing No. 2038075 from Class 11 to Class 05 in the official records including on the online database.

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To the extent necessary, the facts are that Petitioner filed the Trade Mark Application bearing No. 2038075 for the mark ‘THIOPIL’ on 15.10.2010 in Class 05 in respect of pharmaceutical and medicinal preparations. Examination Report was issued on 25.11.2011 to which reply was filed by the Petitioner on 27.02.2017. The application was accepted by the Trade Marks Registry on 02.01.2018. On 11.08.2023, Petitioner submitted a letter to the Pre-Registration Amendment Section (PRAS) seeking correction of e-records as also for publication of the accepted mark.

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W.P.(C)-IPD 26/2026

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Page 1 of 3

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/07/2026 at 12:27:20

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Respondent No. 1 uploaded the communication dated 11.08.2023 but no further action was taken, compelling the Petitioner to send a reminder on 21.02.2026 followed by an application under the Right to Information Act, 2005 on 21.02.2026. Petitioner filed another TM-M on 23.02.2026 resubmitting all prior letters and ventilating its grievance once again, to which a response was sent by the Respondent that the issue was pending with the IT Division. However, till date, the record has not been corrected.

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Learned counsel for the Petitioner submits that the application for registration of the trademark THIOPIL was filed on 15.10.2010 and despite the status being reflected as ‘Accepted’ on 02.01.2018 and receipt of number of letters and reminders from the Petitioner, there is no progress with respect to correction of the e-records. It is urged that clearly, the application was filed in respect of pharmaceutical and medicinal preparations in Class 05 and the error in processing the application under Class 11 is due to the fault of the Trade Marks Registry and despite this being a serious error, no action has been taken and the registration of the trademark is held up despite passage of 16 years from the date of filing of the application.

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Issue notice.

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Mr. Vivek Nilesh Goyal, learned counsel accepts notice on behalf of the Respondent.

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It is a matter of record that Petitioner had filed Trademark Application bearing No. 2038075 for the mark THIOPIL in Class 05 in respect of pharmaceutical and medicinal preparations on 15.10.2010. After issuance of the Examination Report and on receiving reply from the Petitioner, Trade Marks Registry reflected the status as ‘Accepted’ on 02.01.2018. Noticing an error in the class under which registration is sought, Petitioner has sent

¶21

W.P.(C)-IPD 26/2026

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Page 2 of 3

¶23

This is a digitally signed order.

¶24

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/07/2026 at 12:27:20

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numerous letters, following up with the Trade Marks Registry to correct the error, but so far the correction has not been carried out. It can hardly be disputed that pharmaceutical and medicinal preparations are to be registered in Class 05 and not in Class 11 and hence, it is not understood why there is a delay in carrying out the correction.

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Accordingly, this writ petition is allowed and disposed of directing the Respondent to carry out the correction in the class of goods in respect of Trademark Application bearing No. 2038075 from Class 11 to Class 05 in the official records as also the online database within three weeks from today, with due intimation to the Petitioner and thereafter process the application as expeditiously as possible and take a final decision within an outer limit of two months, in accordance with law.

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Pending application stands disposed of.

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JYOTI SINGH, J

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JULY 6, 2026/ RW

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W.P.(C)-IPD 26/2026

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Page 3 of 3

¶32

This is a digitally signed order.

¶33

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/07/2026 at 12:27:20

M/S. Psychotropic India Limited v. the Registrar of Trade Marks

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M/S. Psychotropic India Limited v. the Registrar of Trade Marks

Case brief

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