IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 11^TH DAY OF MARCH 2025 / 20TH PHALGUNA, 1946 WP(C) NO. 6180 OF 2025 PETITIONER:

AMBIKA RAMESH AGED 63 YEARS W/O M. RAMESHAN, RESIDING AT VAISHNAVEEYAM, CHEVARAMBALAM, PAROPPADI, CHEVAYUR, MALAPARAMBA, KOZHIKODE, KERALA, PIN - 673009 BY ADVS. SRI.P.ABRAHAM CHERIAN SMT.NIMMY K. JOSEPH SRI.JAISON S. ROZARIO SRI.JOE JOSEPH SRI.ARAVIND VARGHESE SMT.DYUTHI KURIAN PULIYELI SMT.AASHIKA ANIL ERANEZHUTH RESPONDEN T S :

1 THE DEPUTY REGISTRAR OF TRADE MARKS TRADE MARK REGISTRY, INTELLECTUAL PROPERTY RIGHTS BUILDING, GST ROAD, GUNDY, CHENNAI, PIN - 600032

2 REGISTRAR OF TRADEMARKS TRADEMARK REGISTRY, INTELLECTUAL PROPERTY OFFICE, BOUDHIK SAMPADA BHAWAN, ANTOP HILL, S.M. ROAD, MUMBAI, PIN - 400037 BY ADV SRI.SHRIHARI RAO K THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 11^th day of March, 2025 The writ petition is filed, inter alia, to direct the 2^nd respondent to consider Ext.P3 representation expeditiously.

2. The petitioner is engaged in manufacture and sale of Ayurvedic Massage Oil and Gingelly Oil under the device marks ‘RG Keasasree’, ‘RG Charmasree’ and ‘RG Manaswiri’ (co-jointly referred to as ‘Marks’). The 2^nd respondent had granted the petitioner Exts.P1(a) to P1(c) certificates of registration in respect of the above three Marks. The registration certificates have to be renewed after ten years. However, the petitioner inadvertently omitted to seek for the renewal of the certificates. In the above background, the petitioner has submitted Ext.P3 representation on 14.11.2024, before the 2^nd respondent, ventilating her grievances. But, Ext.P3 has not been considered till date. Hence, the writ petition.

3. Heard; the learned counsel for the petitioner, the learned Central Government Counsel appearing for the respondents.

On a consideration of the facts and the materials on record, particularly that Ext.P3 representation is pending consideration before the 2^nd respondent since 14.11.2024, without expressing anything on the merits of Ext.P3 representation, I direct the 2^nd respondent to consider and dispose of Ext.P3 representation, in accordance with law and as expeditiously as possible, at any rate, within 60 days from the date of production of a copy of this judgment, after affording the petitioner an opportunity of being heard.

The writ petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE

NAB

APPENDIX OF WP(C) 6180/2025 PETITIONER EXHIBITS EXHIBIT P1(a) THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION UNDER TRADEMARK NO. 1252724 IN CLASS 05 DATED 14.10.2006 REGISTERED IN THE NAME OF THE PETITIONER.

EXHIBIT P1(b) THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION UNDER TRADEMARK NO. 1252725 IN CLASS 05 DATED 26.08.2006 REGISTERED IN THE NAME OF THE PETITIONER.

EXHIBIT P1(c) THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION UNDER TRADEMARK NO. 1252726 IN CLASS 29 DATED 14.10.2006 REGISTERED IN THE NAME OF THE PETITIONER.

EXHIBIT P2(a) THE PRINTOUT OF THE SCREENSHOT OF THE OFFICIAL WEBSITE OF THE RESPONDENTS DATED NIL, DISPLAYING THAT THE TRADEMARK NO. 1252724 COULD NOT BE RENEWED (DELAY OF MORE THAN 1 YEAR).

EXHIBIT P2(b) THE PRINTOUT OF THE SCREENSHOT OF THE OFFICIAL WEBSITE OF THE RESPONDENTS DATED NIL, DISPLAYING THAT THE TRADEMARK NO. 1252725 COULD NOT BE RENEWED (DELAY OF MORE THAN 1 YEAR).

EXHIBIT P2(c) THE PRINTOUT OF THE SCREENSHOT OF THE OFFICIAL WEBSITE OF THE RESPONDENTS DATED NIL, DISPLAYING THAT THE TRADEMARK NO. 1252726 COULD NOT BE RENEWED (DELAY OF MORE THAN 1 YEAR).

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED

14.11.2024 GIVEN BY THE PETITIONER DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE RESPONDENTS ALONG WITH THE POSTAL RECEIPT EXHIBIT P4(a) THE TRUE COPY OF THE PRINTOUT OF THE STATUS PAGE OF THE RESPONDENTS DATED

30.01.2025, DISPLAYING THE STATUS OF THE EXHIBIT P4(b) THE TRUE COPY OF THE PRINTOUT OF THE STATUS PAGE OF THE RESPONDENTS DATED