Disposed

M/S Mahalaxmi Food Products v. Registrar of Trademarks

Rajasthan HC3 Aug 2022CW/6054/2022

Case brief

AI extract

What is this about?

This High Court writ petition held that in light of statutory rights, a pending trade mark registration application must be disposed of expeditiously. The Court directed the Registrar to decide the matter within three months of the direction.

What did the court decide?

Direction to petitioner to file an application for early disposal of the trade mark registration with the Registrar, who shall decide it within three months.

M/S Mahalaxmi Food Products Vs Registrar of Trademarks — Company and Corporate | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6054/2022

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M/s Mahalaxmi Food Products, 40, Math Madri, Madri Purohitan, Mia, Tehsil Girwa, Udaipur 313001 Rajasthan Through Partner Nahar Shigh Rathore

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----Petitioner

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Versus

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Registrar Of Trademarks, (Govt Of India) Near Chanakyapuri Overbridge, Ghatlodiya, Ahmedabad (Guj.)

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M/s Star Food Products, Outside Hathipole, Near Tonga Stand, Udaipur 313001 Though Proprietor Ismail Ali

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----Respondents

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For Petitioner(s)	: Mr. G.D. Bansal
For Respondent(s)	:

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JUSTICE DINESH MEHTA

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Order

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03/08/2022

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The petitioner has approached this Court with the grievance that its application for registration of the trade mark, filed on 19.07.2016, is still pending and in spite of the fact that all pleadings are complete, the Registrar – respondent No.1 is not deciding petitioner’s application.

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Having heard learned counsel for the petitioner and considering that getting trade mark registered in reasonable time is a statutory right of an applicant/entrepreneur, the present petition is disposed of with a direction to the petitioner to move an application for early disposal of its application before the respondent No.1 – Registrar of Trade Mark, Ahmedabad.

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(2 of 2)

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[CW-6054/2022]

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In case any such application along with the certified copy of the order instant is filed, the Registrar shall decide the petitioner’s application for registration in accordance with law, as early as possible, preferably within a period of three months of the application being filed.

¶18

The stay application also stands disposed of accordingly.

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(DINESH MEHTA),J

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92-skm/-

M/S Mahalaxmi Food Products v. Registrar of Trademarks

Case brief

What is this about?

What did the court decide?

M/S Mahalaxmi Food Products v. Registrar of Trademarks

Case brief

What is this about?

What did the court decide?

What the court decided

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