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2026 Supreme(Online)(Mad) 52806
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Kumaresh Babu, J
M.G. Sharennraj – Appellant
Versus
Registrar of Trade Mark – Respondent
WP(IPD) No. 13 of 2026
For the Appellants/Petitioners: C.M. Gokul Ram
For the Respondents: C. Samivel
The court exercised its jurisdiction under Article 226 to direct a statutory authority to consider and decide upon a representation within a stipulated time frame without entering into the merits of the underlying claim.
Headnote:The petitioner filed a writ petition under Art.226 of the Constitution of India seeking a mandamus to direct the respondent to consider a representation dated 01.06.2026 and advertise a specific Trade Mark Application in Class 42 in the Trade Marks Journal pursuant to the Trade Marks Act, 1999. The primary issue was whether the respondent should be directed to process and decide upon the pending representation within a specified timeframe. The court observed that given the limited scope of the prayer, the matter could be resolved by directing the authority to act on the representation. The court directed the respondent to consider the representation and pass appropriate orders on merits in accordance with law within twelve weeks. No costs were awarded.
| Table of Content |
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| 1. request for mandamus to compel publication of trade mark application. (Para 1) |
| 2. direction to statutory authority to decide representation within a fixed timeline. (Para 2 , 3 , 4) |
PRAYER : Petition filed under Section 226 of Constitution of India, praying for a issuance of writ of mandamus directing the respondent to consider the representation dated 01.06.2026 and consequently direct the respondent to advertise/publish Trade Mark Application No.6586358 in Class 42 in the Trade Marks Journal, in accordance with the provisions of the Trade Marks Act, 1999 and the Rules framed thereunder within a time frame.
O R D E R
This writ petition has been filed seeking a direction to the respondent to advertise / publish Trade Mark Application No.6586358 in Class 42 in the Trade Marks Journal, in accordance with the provisions of the Trade Marks Act, 1999 and the Rules framed thereunder, within a stipulated time frame.
2. Heard the learned counsel for the petitioner and the learned Special Panel Counsel for the respondent.
3. Considering the limited scope of the prayer as sought for in the writ petition and without entering upon the merits of the claim made by the writ petitioner, there shall be a direction to the respondent to consider the representation of the petitioner dated 01.06.2026 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
4. With the above observation, this Writ Petition is disposed of. No costs.
