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2025 DAILYLAW 5291 (RAJ)

NIRMALA KABRA WIFE OF SHRI NARAIN PRASAD KABRA v. THE REGISTRAR OF TRADE MARKS

CW/2241/2023 · 2025-01-30

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:4210] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2241/2023 Nirmala Kabra Wife Of Shri Narain Prasad Kabra, Proprietor Of M/s. Action (India) Pharmaceuticals Division, At- 157, Ram Nagar Shopping Centre, Shastri Nagar, Near Nehru College, Jaipur (Raj.) ----Petitioner Versus 1. The Registrar Of Trade Marks, (Govt. Of India) Near Chanakyapuri Overbridge, Ghatlodiya, Ahmedabad (Guj.) 2. Hygienic Research Institute Pvt. Ltd., 602, Supreme Chambers, 6Th Floor, Off Veera Desai Road, Andheri (W) Mumbai-400053. ----Respondents For Petitioner(s) : Mr.Dharmendra Gupta for Mr.G. D. Bansal For Respondent(s) : Ms.Nidhi Khandelwal Ms.Anshu Kanwar JUSTICE ANOOP KUMAR DHAND Order 30/01/2025 1. The instant writ petition has been filed with the following prayer:- “It is therefore, most respectfully prayed that the Hon’ble Court may graciously be pleased to accept and allow this writ petition. Further, issue a writ of mandamus or any other suitable writ/ order directing the respondent No.1 to proceed /disposed /decide petitioners’ application no.4075190 dated 02.02.2019 for the registration of trademark “AYURMIX” in respect of class-3 in the name of Praveen Kumar Kandoi within a period of three months. Any other order/writ/direction, may [2025:RJ-JP:4210] (2 of 2) [CW-2241/2023] also be passed which this Hon’ble Court may deem fir and proper in favour of the petitioner.” 2. By way of filing of this petition, a limited prayer has been made by counsel for the petitioner for issuing directions to the Registrar of Trademarks to decide the petitioner’s application No.4075190 dated 02.02.2019, which is pending for adjudication since 2019. 3. Learned counsel for the petitioner submits that the pleadings of the matter is complete and in spite of passing of considerable time, i.e., 5 years, till date, the said application has not been decided on its merits. 4. Considering the above submissions made by the counsel for the petitioner, the instant writ petition stands disposed of with the directions to the Registrar of Trademarks to decide the application filed by the petitioner strictly in accordance with law, after affording due opportunity of hearing to all the respective parties, expeditiously as early possible, preferably within a period of three months from the date of receipt of certified copy of this order. 5. Stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /27