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2025 DAILYLAW 31470 (RAJ)

MANISHANKAR OIL PVT. LTD. v. THE REGISTRAR OF TRADE MARK

CW/18604/2023 · 2025-05-15

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:20518] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.8855/2023 Basant Verma Son Of Late Shri Radheyshyam Verma, Trading As M/s. Swagges Collection At Gourav Tower, Malviya Nagar, Jaipur, Rajasthan ----Petitioner Versus Registrar Of Trade Mark, Government Of India, Near Chanakya Overbridge, Ghatlodia, Ahmedabad-380061, Gujarat ----Respondent Connected With S.B. Civil Writ Petition No.5202/2023 Madhup Bansal S/o Sh. Mahesh Chand Gupta, F-44, Nandpuri Extension, Sodhala Area, Jaipur- 302006, Rajasthan. ----Petitioner Versus The Registrar Of Trade Marks, Near Chanakyapuri Overbridge, Ghatlodiya, Ahmedabad- 380061(Guj.). ----Respondent S.B. Civil Writ Petition No.18604/2023 Manishankar Oil Pvt. Ltd., 34, Hathi Babu Ka Bagh, Jaipur, Rajasthan, Through Director Manoj Murarka ----Petitioner Versus The Registrar Of Trade Mark, Government Of India, Near Chanakyapuri Overbridge, Ghatlodia, Ahmedabad-380061, Gujarat ----Respondent S.B. Civil Writ Petition No.20333/2023 Dr. Sid Pharmaceutical Pvt. Ltd., 102-A, Star Residency, Heera Nagar, D.c.m., Ajmer Road, Jaipur-302006 (Rajasthan) Through Director, Manohar Lal Chhabra Son Of Shri Kashmiri Lal Chhabra. ----Petitioner Versus The Registrar Of Trade Mark, Government Of India, Near [2025:RJ-JP:20518] (2 of 3) [CW-8855/2023] Chanakya Overbridge, Ghatlodia, Ahmedabad-380061, Gujarat. ----Respondent For Petitioner(s) : Mr. Dharmendra Kumar Gupta for Mr. Ghanshyam Das Bansal For Respondent(s) : Mr. Ashish Kumar Mr. Divyesh Maheshwari JUSTICE ANOOP KUMAR DHAND Order 15/05/2025 1. The matter comes up on applications for treating all these Writ Petitions as Civil Misc. Appeals under Section 91 of the Trade Marks Act, 1999 (hereinafter referred to as “the Act of 1999”). 2. Learned counsel for the petitioners submits that the petitioners have submitted the applications for registration of trade mark under the provisions of Act of 1999 before the appropriate authority, but their applications were rejected against which instant writ petitions have been preferred. 3. Learned counsel for the petitioners submits that the orders passed by the authority, which are under challenge in these writ petitions, are appealable under Section 91 of the Act of 1999 but due to inadvertent mistake, these writ petitions have been submitted, in fact Civil Misc. Appeals are maintainable against such orders, therefore, these writ petitions be treated as Civil Misc. Appeal and it lies before this Court. 4. Learned counsel for the respondents have no objection in this regard. [2025:RJ-JP:20518] (3 of 3) [CW-8855/2023] 5. For the reasons stated therein, the applications stand allowed. Office is directed to treat all these Writ Petitions as Civil Misc. Appeals under Section 91 of the Act of 1999. 6. Learned counsel for the petitioners is directed to file amended cause-title within a period of two weeks from today. On filing of the amended cause-title, the Office would register these Writ Petitions as Civil Misc. Appeals and would list before the Bench having roster. 7. For statistical purpose, all these writ petitions stand disposed of. (ANOOP KUMAR DHAND),J Karan/24-27