Delay in trademark opposition proceedings warrants judicial intervention for timely resolution.

JUDGMENT

Petitioner is a private limited company who filed an application for trademark registration for the word 'Muthoottu’. Though the application was numbered on 12.08.2021 as 5084713, an examination report was raised by the Registry of the second respondent. A reply to the examination report was filed by the petitioner and after hearing the issue, the trademark was accepted and advertised in the Trademark Journal on 19.06.2023. Subsequently, the third respondent filed a notice of opposition against the registration of the trade mark with number 1238680. Petitioner filed a counter statement to the aforesaid notice of opposition, which was acknowledged on 07.11.2023 and the third respondent filed evidence under Rule 45 of the Trademark Rules, 2017, beyond the period stipulated and hence petitioner filed an objection against accepting the evidence.

2. According to the petitioner, the second respondent has not taken further steps to conclude the opposition proceedings pending before it. The petitioner argues that the delay in concluding the proceedings is causing serious prejudice and hardship to the petitioner and hence seeks for a direction for an early disposal of the said proceedings.

3. The learned Central Government Counsel, upon instructions, submitted that the matter is under consideration and the issue has been posted for consideration to 06.04.2026. It was also submitted that once the hearing is over, the decision will be rendered without undue delay.

4. Having heard the learned counsel for the petitioner and the learned Central Government Counsel, I am of the view that this writ petition can be disposed of, dispensing with notice to the third respondent, considering the nature of relief that I propose to issue.

5. Since the opposition proceeding raised by the third respondent is pending finalisation before the second respondent, this writ petition can be disposed of with a direction to conclude the proceeding within a time frame.

Accordingly, there will be a direction to the second respondent to consider and finalise the opposition proceedings in Opposition No.1238680 initiated by the third respondent against the registration of trademark 'Muthoottu' with number 5084713 as expeditiously as possible, at any rate, within an outer period of three months from the date of receipt of a copy of this judgment, after granting an opportunity of hearing to the petitioner as well as to the third respondent.

The writ petition is disposed of as above.

Sd/-