IN THE HIGH COURT OF JUDICATURE AT MADRAS IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-10-2025 CORAM THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR WP(IPD) No. 30 of 2025 Ashique Exports (P) Ltd Represented By Its Manager Legal, Mr. Biju Sukumaran, Touchstone Apartments, No 10, New No. 25, Vasu Street, Kilpauk, Chennai 600 010 Appellant(s)

Vs

1.The Registrar Of Trade Marks Trade Marks Registry, IP Building, GST Road, Guindy, Chennai 600 032.

2.Maja Healthcare Division A-61/4, GT Karnal Road Industrial Area, New Delhi.

Respondent(s)

PRAYER This Writ Petition has been filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, to call for the records from the

1st Respondent pertaining to proceedings bearing Opposition No.1320199 in respect of Trade Mark Application No.5266069 and quash the 1st Respondent's Order dated 28.11.2024 passed in the cited Opposition proceedings and consequently direct the 1st Respondent to serve the petitioner with a copy of Notice of Opposition filed by the 2nd respondent and thereafter proceed de novo with the opposition proceedings No.1320199 as contemplated under law in respect of Trade Mark Application No.5266069.

For Appellant(s): Mr.Perumbulavil Radhakrishnan For Respondent(s): Mr.K.Subbu Ranga Bharathi, CGC for R1 Mr.A.Jayesh Kumar Daga, Ashok Kumar J.Daga for R2

ORDER

The present Writ Petition is filed to call for the proceedings of the first respondent bearing opposition No.1320199 in respect of trade mark Application No. 5266069 dated 28.11.2024 and to quash the same.

2.Mr.Perumbulavil Radhakrishnan, the learned counsel appearing for the writ petitioner submits that the petitioner is a manufacturer of popular bathing soaps under the brands “Lexus”, “Iva”, “Gladys”, “Gold 916”; washing soaps and detergent “SUN PLUS”, “Dr.WASH”, “SUPER WASH-555”, “Vi-Wash” and other products. As regards one of the popular washing powder/detergent of the petitioner Vi-WASH, a trademark application is pending before the first respondent along with few invoices from 01.04.2021 and the trade mark application bears No.5266069. In the course of scrutiny of the trade mark application No.5266069 by the first respondent, an affidavit dated 01.12.2021 was filed by the petitioner to support the evidence of use of the said mark by the petitioner herein. After the examination report dated 27.01.2022 issued by the first respondent, a reply to the examination report was issued by the petitioner dated 16.03.2022.

3.Thereafter, the trade mark Application No.5266069 was posted for hearing on 28.06.2023 vide 1st Respondent's notice dated 19.05.2023 and the said hearing was attended by the petitioner. Written arguments dated 17.07.2023 was also submitted by the petitioner. Consequent to the hearing on 28.06.2023, no orders were received from the 1st respondent. Later, the petitioner through its Attorneys in October 2024 came to know that the petitioner’s mark was under the status of opposition in the 1st Respondent’s official website.

4.Thereafter, an e-mail was sent to the first respondent at kayal.tmr@gov.in and himapadath.tmr@gov.in where a request was made by the petitioner to serve the alleged notice of opposition filed by the 2nd respondent. It was also requested to the 1st respondent that no adverse orders be passed without serving the notice of opposition and/or hearing the Petitioner. He further contends that a follow up e-mail was sent to the first respondent on 30.10.2024 and the first respondent did not respond to the follow up e-mail as well.

5.According to the petitioner, when the petitioner checked the status of the mark on 09.04.2025, he came to know that an application for leave to sue was filed in A.No.1839 of 2025 by an entity named Varakar Speciality and the same was listed before this Court in respect of the Petitioner's mark 'Vi-Wash'. Thereafter, an abandonment order was passed by the first respondent as there was no response from the petitioner under Section 21(2) of the Tr