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2026 Supreme(Online)(Ker) 31638

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. Kunhikrishnan, J
JSF Holdings Private Limited – Appellant
Versus
Deputy Registrar of Trade Marks – Respondent
WP(C) NO. 9278 OF 2026



Advocates:
For the Appellants/Petitioners: P. Abraham Cherian, Nimmy K. Joseph, Joe Joseph, Jaison S. Rozario, Aravind Varghese, Pooja Jose, V. Varun
For the Respondents: Praveen K.S.

A Writ of Mandamus can be issued to direct statutory authorities, such as the Trademark Registry, to dispose of pending applications for the recordal of subsequent proprietorship within a reasonable, time-bound frame.

Headnote:The petitioner sought a Writ of Mandamus to direct the trademark authorities to dispose of their application filed under Form TM-P to record the company as the subsequent proprietor of several registered trademarks. The petitioner argued that the application had remained pending since August 2023, necessitating judicial intervention to ensure timely processing. Upon reviewing the procedural necessity, the court identified the core issue as the administrative delay in the statutory obligation of the trademark registry to finalize the transfer of proprietorship. The Ratio Decidendi rests on the principle that statutory authorities are mandated to perform their functions within a reasonable timeframe, particularly when a formal application for recordal of trademark ownership is pending. The writ petition was allowed with a direction to the registry to pass appropriate orders on the pending application within two months.

Table of Content
1. court acknowledges the prayer for time-bound disposal of a trademark application. (Para 1 , 2 , 3)
2. court directs the respondent to dispose of the pending application within a specified timeframe. (Para 4)

JUDGMENT

This writ petition is filed with following prayers:

i. issue a WRIT OF MANDAMUS or any other appropriate writ, order or direction, directing the Respondents to dispose of the Exhibit P2 application dated 21.08.2023 to enter the name of the Petitioner Company as the subsequent proprietor of the Trademark No. 1047474 in class 30, Trademark No.3185306 in class 32 and 2839232 in class 43 in the register of trademarks filed by the Petitioner within a reasonable time frame to be fixed by this Hon’ble Court.

ii. To grant such other order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case;

(SIC)

2. The only prayer in this writ petition is to dispose Ext.P2 application pending before the 2nd respondent.

3. Heard the learned counsel for the petitioner and the learned Central Government Counsel.

4. After hearing both sides, I think this writ petition can be disposed of directing the 2nd respondent to consider Ext.P2 application in accordance with law, within a time frame.

Therefore, this Writ Petition is disposed of in the following manner:

The 2nd respondent is directed to consider and pass appropriate orders in Ext.P2, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

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