M/S ABHILASH INDUSTRIES vs GOVERNMENT OF INDIA - 2026 Supreme(Online)(Ker) 27174

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2026 Supreme(Online)(Ker) 27174

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
M/S ABHILASH INDUSTRIES – Appellant
Versus
GOVERNMENT OF INDIA – Respondent
WP(C) NO. 12114 OF 2026

Important Points

Court directs expeditious disposal of trademark opposition within six months for timely justice.

Subject

Intellectual Property - Trademarks

Act Referred

Trade Marks Act, 1999

Headnote

The petitioner seeks direction to finalise opposition proceedings against trademark registration under the Trade Marks Act, 1999. Essential facts include filing of TM-A on 16/7/2019, examination report, notice of opposition dated 7/06/2022 by third respondent, and counter-statement by petitioner. Court finds prolonged delay of nearly four years warrants timely justice. Issue framed as necessity for expeditious disposal of pending opposition No.1172042. Ratio decidendi emphasizes according timely justice to parties, directing hearing opportunity before final orders. Writ petition disposed with direction to second respondent to finalise proceedings within six months.

Advocates:
For the Appellants/Petitioners: SRI.BENOY K.KADAVAN, SMT.LAYA GEORGE, SMT.MARIAM J. MANAVALAN
For the Respondents: SMT.ANJU DIVAKAR, CGC

Table of Content
1. prayer for finalising trademark opposition proceedings. (Para 1)
2. direction for expeditious disposal within six months. (Para 2 , 3)

JUDGMENT

The petitioner seeks for a direction to finalise the opposition proceedings bearing No.1172042 initiated by the 3^rd respondent against the registration of Trademark GEMPAC with No.4236692.

2. Having heard the learned counsel for the petitioner as well as the learned Central Government Counsel on behalf of respondents 1 and 2, I am of the view that the writ petition can be disposed of, dispensing with notice to the 3^rd respondent considering the nature of order that I propose to issue.

3. The opposition proceedings initiated by the 3^rd respondent against the trademark issued to the petitioner has been pending consideration from 2022. Almost four years have elapsed. In such circumstances, I am satisfied that direction is necessary to ensure that the parties are accorded timely justice.

Accordingly, there will be a direction to the 2^nd respondent to consider and pass appropriate orders on opposition proceedings No.1172042 in respect of petitioner’s trademark, as expeditiously as possible, at any rate, within an outer period of six months from the date of receipt of a copy of this judgment after granting an opportunity of hearing to all the parties.

The writ petition is disposed of as above.