The court emphasized the statutory duty of the Registrar to conduct timely hearings for Trademark applications without undue delays.

JUDGMENT

Dated this the 25^th day of June, 2025 The petitioner has applied for registration of Trademark for their goods. The certification of Trademark is necessary for distinguishing his goods quality in respect of origin, material, mode of manufacturing goods, quality and accuracy of goods.

2. The petitioner states that the 4^th respondent has opposed the Trademark application and a counter statement was filed as early on 20.03.2020. However, so far no final decision is taken.

3. The 1^st respondent-Registrar has not issued a notice of hearing so far. The Trademark application of the petitioner has been pending for the last six years. Unless this Court interferes in the matter and gives appropriate directions, the petitioner will be put to untold hardship.

4. Respondents 1 to 3 resisted the writ petition filing a statement and submitted that considering the concerned Application No.4107556 and opposition No.1026808, as per records application filed on 05.03.2019, and opposition filed on 22.01.2020, the 1^st respondent is following the principle " Priority to the First Arrivals". The respondent has to render justice to the applicants / opponents who are patiently waiting for their turn for the final hearing. The petitioner is the applicant who filed their application in 2019. Hence, the petitioner has to wait as per the order or if he wants to expedite the hearing, the Trademark Act / Rules permitted to file ‘Expedited process of an application for the registration’ by paying prescribed fees at the time of examination itself. The petitioner herein either can patiently wait for his order as per senioritywise or he could have ‘EXPEDITE THE PROCESS’ as per the Trade Marks Act / Rules.

5. The relevant provision regarding Expedited Processing of Application mentioned in Rule 34 of the Trade Marks Rules, 2017 as below:

“Rule 34 : (1) The applicant may, after the receipt of the official number of the application, request for expedited processing of application made for the registration of a trademark in form TM-M on payment of fees as specified in First Schedule. Such an application shall be examined expeditiously and ordinarily within three months from the date of submission of the application. Thereafter, the following proceedings viz. the consideration of response to the examination report, scheduling of show cause hearing, if required, the publication of the application and the opposition thereto, if any, till final disposal of the application shall also be dealt with expeditiously subject to such guidelines as may be published in this regard by the Registrar in the trademarks Journal.”

6. I have heard the learned counsel for the petitioner and the learned Senior Panel Counsel representing respondents 1 to 3.

7. The contention of the respondents is that there are a large number of Trademark and Copyright applications pending and the authorities are taking the applications and deciding the matter on the basis of seniority of applications.

8. That is the reason for the authorities providing for a channel for expeditious processing of Trademark applications by paying special fee. If the petitioner intends to get his application processed, expeditiously, the petitioner has to file an application under Rule 34(1) of the Trademarks Rules, 2017.

9. In this case, it is to be noted that the petitioner had submitted the application as early in the year 2019. The objection was filed by the 4^th respondent on 20.03.2020. Five years have passed thereafter. The respondents have not called for a hearing for the matter. Such a huge delay in a statutory process cannot be excused on any grounds. After six years of application, the respondents cannot insist that the petitioner shall pay special fee for expeditious proc