Kerala High Court Intervenes In Trademark Dispute, Directs Expedited Hearing Due To 6-Year Delay

Kerala High Court Intervenes In Trademark Dispute, Directs Expedited Hearing Due To 6-Year Delay

Introduction

The High Court of Kerala has directed the Registrar of Trademarks to conduct a hearing in respect of a trademark application expeditiously and take a decision at the earliest. The court held that a huge delay of six years in a statutory process cannot be excused on any grounds.

Factual Background

The petitioner had applied for registration of a trademark in 2019, which was opposed by the 4th respondent. The counter statement was filed in 2020, but no final decision was taken by the Registrar. The petitioner approached the court seeking directions to the respondents to expedite the process.

Procedural Background

The respondents resisted the writ petition, stating that they were following the principle of "Priority to the First Arrivals" and that the petitioner had to wait for his turn for the final hearing. However, the court noted that the petitioner could have opted for expedited processing of the application by paying a special fee under Rule 34 of the Trade Marks Rules, 2017.

Issues

1. Delay in Trademark Registration Process: Whether the delay of six years in the trademark registration process is unreasonable and justifies court intervention.

2. Expedited Processing: Whether the petitioner should be required to pay a special fee for expedited processing of the application.

Contentions

Petitioner's Contentions: The petitioner argued that the delay in the process was unjust and that the court should direct the respondents to expedite the hearing.

Respondents' Contentions: The respondents argued that they were following the principle of "Priority to the First Arrivals" and that the petitioner had to wait for his turn for the final hearing.

Reasoning & Analysis

The bench of Justice N. Nagaresh held that a huge delay of six years in a statutory process cannot be excused on any grounds and that the respondents cannot insist that the petitioner should pay a special fee for expedited processing of the application after such a long delay.

Final Outcome

The Kerala High Court disposed of the writ petition directing the Registrar of Trademarks to conduct a hearing in respect of the application expeditiously and take a decision at the earliest. The entire process shall be completed within a further period of three months from the date of receipt of a copy of the judgment.

Implications

This judgment highlights the importance of timely disposal of trademark applications and the need for the Registrar to ensure that the process is completed within a reasonable time frame. The court's direction for expedited hearing in this case emphasizes the need for efficient and effective administration of justice in trademark disputes.

In this case the petitioner was represented by Mr. AK Muhammed Hashim, Mr.Sachin George Aramban, Mr. Thwalhath V and Mr. HAMED Abdulla Javahir, Advocates.