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

JUDGMENT

The petitioner seeks for a direction to finalise the opposition proceedings bearing No.1231728 initiated by the 3^rd respondent against the registration of Trademark GEMPAC with No.5453724.

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.1231728 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.