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2026 Supreme(Online)(Ker) 27176
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
M/S ABHILASH INDUSTRIES – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 12220 OF 2026
For the Appellants/Petitioners: SRI.BENOY K.KADAVAN, SMT.LAYA GEORGE, SMT.MARIAM J. MANAVALAN
For the Respondents: SMT.ANJU DIVAKAR, CGC
Court mandates expeditious disposal of pending trademark opposition and rectification proceedings within six months.
Headnote:The petitioner filed a writ petition seeking directions to finalise a cancellation application against the respondent's registered trademark. Relevant proceedings include opposition and rectification under trademark laws. The court found undue delay in processing the applications spanning nearly four years. Issues framed pertain to timely disposal of trademark opposition and rectification proceedings. The court held that expeditious consideration is essential for timely justice. Direction issued to finalise proceedings within six months; writ petition disposed.
| Table of Content |
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| 1. petition seeks finalisation of trademark cancellation application. (Para 1) |
| 2. direction for expeditious disposal of opposition proceedings within six months. (Para 2 , 3) |
JUDGMENT
The petitioner seeks for a direction to finalise the cancellation application bearing No.273457 initiated by the petitioner against the registration of Trademark GEMPAC with No.4276585 registered in the name of the 3rd respondent. 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 3rd respondent considering the nature of order that I propose to issue.
3. The opposition proceedings initiated by the 3rd 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 a direction is necessary to ensure that the parties are accorded timely justice.
Accordingly, there will be a direction to the 2nd respondent to consider and pass appropriate orders on opposition proceedings No.273457 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.
