T.R.Vijayakumar vs The Registrar of Trade Marks - 2026 Supreme(Online)(Mad) 34545

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 34545

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Senthilkumar Ramamoorthy, J
T.R.Vijayakumar – Appellant
Versus
The Registrar of Trade Marks – Respondent

Advocates:
For Appellant(s): Ms.Ramya Subramaniam Datar
For Respondent(s):Mr.Satish Parasaran, Senior Advocate for M/s.P.Giridharan for R2

Table of Content
1. background of opposition and interlocutory petition for additional evidence. (Para 1)
2. appellant's challenge to delay and prejudice from additional documents. (Para 2 , 3)
3. respondent's contention on appeal non-maintainability and wide discretion. (Para 4)
4. maintainability affirmed; rule 48 discretion upheld absent perversity. (Para 5 , 7)
5. time granted for objections; appeal disposed without interference. (Para 8)

JUDGMENT

The second respondent filed Trademark Application No.3710972 before the Registrar of Trademarks, Chennai. The appellant lodged Opposition No.1025120 in relation thereto. After parties filed affidavits in support of the opposition and application, respectively, the second respondent filed an application for expedited hearing on 12.03.2025. A notice of hearing was issued pursuant thereto. At that juncture, the second respondent lodged an interlocutory petition on 16.09.2025 for filing additional documents. Such petition was filed under Section 131 of the Trade Marks Act, 1999 (the TM Act). The application was allowed by order dated 17.03.2026, which is impugned herein.

2. Learned counsel for the appellant submits that the second respondent fai

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