Allowed¶35

M/S.Aston Packaging Solution v. the Registrar of Trade Marks

Madras HC6 Nov 2025WP(IPD)/44/2025

Case brief

AI extract

What is this about?

Madras High Court (IPD), W.P.(IPD)No.44 of 2025, N. Senthilkumar J., 06.11.2025: writ of mandamus directing Registrar of Trademarks, Chennai, to consider and dispose within eight weeks the petitioner M/s.Aston Packaging Solution's representation dated 30.06.2025 for early hearing in Opposition No.1011897 (opposer Astral Poly Technik Ltd.) to trade mark application No.3892145 for device mark 'ASTON', Class 17; pleadings and evidence complete, hearing not fixed.

What did the court decide?

Respondent (Registrar of Trademarks) directed to consider and dispose of the petitioner's representation dated 30.06.2025, on merits and in accordance with law, within eight weeks from the date of receipt of a copy of the order; no costs awarded. ¶35

M/S.Aston Packaging Solution Vs the Registrar of… — Writ and Judicial Review | Madras HC (2025)

¶1

W.P.(IPD)No.44 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 06.11.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

¶6

W.P.(IPD)No.44 of 2025

¶7

M/s.Aston Packaging Solution ... Petitioner

¶8

-vs-

¶9

The Registrar of Trademarks, Trade Marks Registry, Intellectual Property Building, G.S.T.Road, Guindy, Chennai 600 032. ... Respondent

¶10

Prayer : Writ Petition (IPD) filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus seeking for a direction to the respondent to consider the representation made by the petitioner through his attorney on 30.06.2025 for fixing a hearing in Opposition No.1011897 in Application No.3892145 for registration of Device Trade Mark 'ASTON' under class 17 and dispose of the same on the file of the respondent within a time frame.

¶11

For Petitioner : Ms.T.Hemalatha

¶12

For Respondent : Mr.Ravi Meenakshisundaram, Senior Panel Counsel

¶13

1/4

¶14

https://www.mhc.tn.gov.in/judis

¶15

W.P.(IPD)No.44 of 2025

¶16

ORDER

¶17

This writ petition is filed seeking for a direction to the respondent to consider the representation made by the petitioner through his attorney on 30.06.2025 for fixing a hearing in Opposition No.1011897 in Application No.3892145 for registration of Device Trade Mark 'ASTON' under class 17 and dispose of the same on the file of the respondent within a time frame fixed by this Court.

¶18

2.The brief facts of the petitioner are as follows:

¶19

The petitioner is a partner of M/s.Aston Packaging Solution, engaged in the business of manufacturing self-adhesive tapes and masking tapes since 12.08.2015 under the trade mark 'ASTON'. The petitioner filed a Trademark Application on 19.07.2018, which was accepted and advertised in the Trade Mark Journal on 01.07.2019 vide Trade Mark journal No.1980. The same was opposed by Astral Poly Technik Ltd. On 26.10.2019 vide Opposition No.1011897. The petitioner filed their counter statement on 26.11.2019, and both parties have completed their evidence. Despite completion of pleadings and evidence, no hearing was fixed by the

¶20

2/4

¶21

https://www.mhc.tn.gov.in/judis

¶22

W.P.(IPD)No.44 of 2025

¶23

respondent till date. Therefore, a representation was submitted on

¶24

30.06.2025 through the petitioner's attorney requesting for an early hearing.

¶25

Since no action has been taken by the respondent till date, the petitioner is before this Court.

¶26

3.Learned counsel for the petitioner submitted that though the petitioner's Trade Mark application was opposed and both parties have completed their evidence, no hearing has been fixed so far, and the petitioner's representation dated 30.06.2025 seeking an early hearing is still pending consideration before the respondent.

¶27

4.Mr.Ravi Meenakshisundaram, learned Senior Panel Counsel

¶28

appearing for the respondent submits that a direction may be issued to the

¶29

respondent to dispose of the representation sent by the petitioner.

¶30

3/4

¶31

https://www.mhc.tn.gov.in/judis

¶32

W.P.(IPD)No.44 of 2025

¶33

N.SENTHILKUMAR,J.

¶34

vga

¶35

5.Considering the submissions made by both the learned counsel, this Court directs the respondent to consider and dispose of the representation dated 30.06.2025 made by the petitioner, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, No costs.

¶36

06.11.2025

¶37

Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No vga To

¶38

The Registrar of Trademarks, Trade Marks Registry, Intellectual Property Building, G.S.T.Road, Guindy, Chennai 600 032.

¶39

W.P.(IPD)No.44 of 2025

¶40

4/4

¶41

https://www.mhc.tn.gov.in/judis