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Issues Notice to Over MakeMyTrip's Delay
The has stepped in to address an administrative delay of over six years, issuing notice to the on a petition filed by seeking a for disposal of its application to have “MakeMyTrip” declared a . Justice Vikas Mahajan, presiding over the matter, recorded the presence of counsel for the Registrar and directed the filing of a within three weeks. The case, which highlights systemic inefficiencies in trademark adjudication, is next listed for .
Background: The Long Road to Well-Known Status
MakeMyTrip, a leading online travel aggregator, filed its application under , in . Under Indian trademark law, a well-known mark enjoys enhanced protection against , even in classes where the mark is not registered. The application was accepted for publication and appeared in the Trade Marks Journal in , inviting third-party oppositions as per the standard procedure.
Only one opposition was filed—by rival travel platform —but that challenge was withdrawn in following a settlement between the two companies. With no remaining opposition, the application was ripe for a final decision by the Registrar. Yet, no order was passed, prompting MakeMyTrip to approach the High Court in a .
Key Developments in Court
During the hearing on , counsel for MakeMyTrip, led by , confined the petition to a narrow prayer: a direction to the Registrar to decide the application within a fixed timeframe. The court was informed that the application had been pending for over six years without any justification, especially after the sole opposition had been withdrawn.
Justice Mahajan noted: “ who is present in Court has been asked to accept notice. Let Ms. Raman seek instructions.” The court directed the Registrar to file a within three weeks, with a rejoinder, if any, to be filed before the next date. The matter was adjourned to , a nearly 14-month gap that suggests the court expects a decision to be reached well before that date, with the next hearing serving as a compliance check.
Legal Analysis: Registrar's Duty and Administrative Delay
The core legal issue revolves around the Registrar's to dispose of applications expeditiously once they are in order. Under the , an application for well-known mark declaration follows a after opposition. The Registrar must form an opinion based on , use, and other factors. A six-year pendency, particularly after the opposition phase is complete, raises questions about administrative efficiency.
MakeMyTrip's counsel argued that with the sole opposition withdrawn, “the Registrar ought to have taken a final decision.” The court's decision to issue notice, rather than directly deciding the application, reflects a reluctance to usurp the Registrar's statutory role. By seeking a , the petitioner has effectively asked the court to enforce the Registrar's duty to act within a reasonable period—a classic under .
This approach also avoids the court itself declaring the mark as well-known, which would require a detailed examination of evidence. The has previously held that while it can direct expeditious disposal, the substantive determination of well-known status lies with the Registrar. The present case reinforces that principle.
Impact on Legal Practice and Trademark Strategy
For trademark practitioners, this case underscores the importance of monitoring application status and escalating delays through judicial remedies. The pendency of trademark applications—especially for well-known status—can leave brands vulnerable to misuse. MakeMyTrip's decision to seek a , rather than a substantive declaration, is a pragmatic litigation strategy that pressures the Registrar without inviting prolonged evidentiary hearings.
The outcome may also influence other companies with pending well-known mark applications. If the sets a clear timeline for disposal, it could lead to a wave of similar petitions across jurisdictions. The Registrar's response in the will be closely watched, as it may reveal systemic bottlenecks—such as lack of examiners or procedural inefficiencies—that contribute to delays.
Conclusion: A Step Toward Accountability
The 's intervention in the MakeMyTrip case serves as a reminder that administrative delay in trademark registration can be challenged effectively. While the final decision on well-known status remains with the Registrar, the court's notice signals that protracted inaction—especially after opposition is resolved—will not be tolerated. The next hearing in November 2026 will likely confirm whether the Registrar has complied with the court's direction, setting a precedent for expeditious trademark adjudication in India.
