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2025 DAILYLAW 183567 (MAD)

S.RAJU v. THE DEPUTY REGISTRAR OF TRADE MARKS CHENNAI.

WP(IPD)/49/2025 · 2025-12-11

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 WP(IPD) No. 49 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-12-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP(IPD) No. 49 of 2025 S.Raju Petitioner(s) Vs 1. The Deputy Registrar of Trade Marks, Chennai. Trade Marks Registry, IP Building, GST Road, Guindy, Chennai-600 032 2.The Deputy Registrar of Trade Marks, Mumbai, Bhoudhik Sampada Bhavan, S.M. Road, Dosti Acres, Antop Hill, Mumbai, Maharshtra-400 037 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, (a) directing the Respondents to forthwith process and expedite the registration of the petitioner’s Trade Mark Application No.2315867 in Class 35 in respect of services relating to wholesale and retail trading of aquaculture goods/products including air tubes, air valves, https://www.mhc.tn.gov.in/judis 2 WP(IPD) No. 49 of 2025 connectors, filters, bowls, prawn feed and all goods/products relating to aquaculture and complete all pending proceedings thereon in accordance with law (b) Award Costs of the present Writ petition in favour of the petitioner and against the Respondents for the delay, harassment and unnecessary litigation caused due to inaction of the part of the Respondent. For Petitioner(s): Mr. Ashok Kumar J. Daga For Respondent(s): Mr.Ravi Meenakshi Sundaram Central Government Standing Counsel ORDER This writ petition has been filed for the issue of a writ of mandamus directing the respondents to process the application filed by the petitioner wherein the petitioner is seeking for registration of the petitioner’s Trademark under Class 35 in respect of services relating to wholesale and retail trading of aquaculture goods/products including air tubes, air valves, connectors, filters, bowls, prawn feed and all goods/products relating to aquaculture. 2.Heard the learned counsel for the petitioner and the learned counsel for https://www.mhc.tn.gov.in/judis 3 WP(IPD) No. 49 of 2025 respondents. 3.The case of the petitioner is that he is engaged in the business of wholesale and retail trading of aquaculture goods and products, including other products since the year 2005 and he is carrying on the business under the trademark “SHA”. Since the petitioner had established substantial goodwill and reputation, the petitioner wanted to get a statutory protection of the said mark and hence an application was filed under the Trade Marks Act, 1999 (hereinafter referred as ‘the Act’) under Class 35. This application was submitted on 16.4.2012. 4.After the submission of the application, the 1 st respondent had raised certain objections on 16.4.2013 under Section 11 of the Act. The petitioner had also submitted reply to the examination of the report on 30.4.2013. The grievance of the petitioner is that thereafter there was absolutely no response from the respondents and several communications sent by the petitioner also did not evoke any response. Considering the fact that the application was pending for more than 13 years, the present writ petition has been filed before this Court. https://www.mhc.tn.gov.in/judis 4 WP(IPD) No. 49 of 2025 5.Taking into consideration the facts and circumstances of the case and the materials placed before this Court and considering the fact that the application has been kept pending for more than 13 years, there shall be a direction to the respondents to deal with the application submitted by the petitioner on 16.4.2012 and take a decision within a period of eight weeks from the date of receipt of copy of the order. 6.This writ petition is disposed of with the above directions. No costs. 11-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No KP To https://www.mhc.tn.gov.in/judis 5 WP(IPD) No. 49 of 2025 1. The Deputy Registrar of Trade Marks, Chennai. Trade Marks Registry, IP Building, GST Road, Guindy, Chennai-600 032 2.The Deputy Registrar of Trade Marks, Mumbai, Bhoudhik Sampada Bhavan, S.M. Road, Dosti Acres, Antop Hill, Mumbai, Maharshtra-400 037 https://www.mhc.tn.gov.in/judis 6 WP(IPD) No. 49 of 2025 N.ANAND VENKATESH J. KP WP(IPD) No. 49 of 2025 https://www.mhc.tn.gov.in/judis 7 WP(IPD) No. 49 of 2025 11-12-2025 https://www.mhc.tn.gov.in/judis