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2023 Supreme(Del) 2397

C. HARI SHANKAR
Resilient Innovations Private Limited. – Appellant
Versus
Registrar of Trade Marks – Respondent


Advocates appeared:
Mr. Mohit Goel, Mr. Sidhant Goel and Mr. Deepankar Mishra, Advocates, for the Petitioner.
Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat, Mr. Alexander Mathai Paikaday, Mr. M. Sriram and Mr. Krishnan V., Advocates, for the Respondent-1.
Mr. Saikrishna Rajagopal, Mr. Pushpam Jha, Mr. Nitin Sharma, Ms. Shilpa Gupta, Ms. Deepika Pokharia and Ms. Deepti Sarin, Advocates, for the Respondent-2.

JUDGMENT (Oral)

1. Rule nisi.

2. Rule made returnable forthwith.

3. The grievance of the petitioner in all these writ petitions is that the opposition filed by Respondent 2 to the applications of the petitioner for registration of its trademarks had to be treated as abandoned under Rule 45(2) of the Trade Mark Rules, 2017 and that though the petitioner had, vide communications dated 19 April 2023 and 11 July 2023, called upon the Registrar to declare the opposition filed by Respondent 2 as having been abandoned, there is no decision on the said letters.

4. Both sides are agreeable to the disposal of these petitions with a direction to the Registrar or the competent officer authorised by the Registrar to take a decision on the petitioner's letters dated 19 April 2023 and 11 July 2023 within a period of four weeks in accordance with law and the procedure prescribed in the statute in that regard and in due compliance with the principles of natural justice and fair play.

5. The petitioner and Respondent 2 shall be granted an opportunity of personal hearing in these matters, for which purpose, they are directed to appear before the competent officer on 16 August 2023.

6. All th

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