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W.P.(C)-IPD 33/2023, CM 98/2023 (Interim reliefs) and CM
99/2023 (Exemption)
RESILIENT INNOVATIONS PRIVATE LIMITED. Petitioner
Through: Mr. Mohit Goel, Mr. Sidhant Goel and Mr. Deepankar Mishra, Advs.
TRADE MARKS AND ANR ..... Respondents
Through: Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar
Mishra, Mr. Sagar Mehlawat, Mr. Alexander Mathai Paikaday, Mr. M. Sriram and Mr. Krishnan V., Advs. for R-1
Mr. Saikrishna Rajagopal, Mr. Pushpam Jha, Mr. Nitin Sharma, Ms. Shilpa Gupta, Ms. Deepika Pokharia and Ms. Deepti Sarin, Advs. for R-2
W.P.(C)-IPD 34/2023, CM 100/2023 (Interim reliefs) and CM
101/2023 (Exemption)
RESILIENT INNOVATIONS PRIVATE LIMITED. Petitioner
Through: Mr. Mohit Goel, Mr. Sidhant Goel and Mr. Deepankar Mishra, Advs.
TRADE MARKS AND ANR ..... Respondents
Through: Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar
Mishra, Mr. Sagar Mehlawat, Mr. Alexander Mathai Paikaday, Mr. M. Sriram and Mr. Krishnan V., Advs. for R-1
Mr. Saikrishna Rajagopal, Mr. Pushpam Jha, W.P.(C)-IPD 33/2023 & cont. matters
Mr. Nitin Sharma, Ms. Shilpa Gupta, Ms. Deepika Pokharia and Ms. Deepti Sarin, Advs. for R-2
W.P.(C)-IPD 35/2023, CM 102/2023 (Interim reliefs) and CM
103/2023 (Exemption)
RESILIENT INNOVATIONS PRIVATE LIMITED.. Petitioner
Through: Mr. Mohit Goel, Mr. Sidhant Goel and Mr. Deepankar Mishra, Advs.
TRADE MARKS AND ANR ..... Respondents
Through: Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar
Mishra, Mr. Sagar Mehlawat, Mr. Alexander Mathai Paikaday, Mr. M. Sriram and Mr. Krishnan V., Advs. for R-1
Mr. Saikrishna Rajagopal, Mr. Pushpam Jha, Mr. Nitin Sharma, Ms. Shilpa Gupta, Ms. Deepika Pokharia and Ms. Deepti Sarin, Advs. for R-2
W.P.(C)-IPD 36/2023, CM 104/2023 (Interim reliefs) and CM
105/2023 (Exemption)
RESILIENT INNOVATIONS PRIVATE LIMITED ..... Petitioner
Through: Mr. Mohit Goel, Mr. Sidhant Goel and Mr. Deepankar Mishra, Advs.
TRADE MARKS AND ANR ..... Respondents
Through: Mr. Harish Vaidyanathan W.P.(C)-IPD 33/2023 & cont. matters
Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat, Mr. Alexander Mathai Paikaday, Mr. M. Sriram and Mr. Krishnan V., Advs. for R-1
Mr. Saikrishna Rajagopal, Mr. Pushpam Jha, Mr. Nitin Sharma, Ms. Shilpa Gupta, Ms. Deepika Pokharia and Ms. Deepti Sarin, Advs. for R-2
JUDGMENT
1. Rule nisi.
JUDGMENT (ORAL) % 09.08.2023
2. Rule made returnable forthwith.
3. The grievance of the petitioner in all these writ petitions is that the opposition filed by Respondent 2 to the applications of the petitioner for registration of its trademarks had to be treated as abandoned under Rule 45(2) of the Trade Mark Rules, 2017 and that though the petitioner had, vide communications dated 19 April 2023 and 11 July 2023, called upon the Registrar to declare the opposition filed by Respondent 2 as having been abandoned, there is no decision on the said letters.
4. Both sides are agreeable to the disposal of these petitions with a direction to the Registrar or the competent officer authorised by the 2023 and 11 July 2023 within a period of four weeks in accordance with law and the procedure prescribed in the statute in that regard and W.P.(C)-IPD 33/2023 & cont. matters in due compliance with the principles of natural justice and fair play.
5. The petitioner and Respondent 2 shall be granted an opportunity of personal hearing in these matters, for which purpose, they are directed to appear before the competent officer on 16 August 2023.
6. All these writ petitions stand disposed of in the aforesaid terms.
7. Miscellaneous applications also stand disposed of.
8. The Court clarifies that it has not expressed any opinion on the merits of the letters dated 19 April 2023 or 11 July 2023, and that the concerned officer would dispose of the petitioner’s request/prayer, as contained in the said letters, on merits and in accordance with law.
C.HARI SHANKAR, J AUGUST 9, 2023 rb