SUPREME AGROFOODS PVT. LTD. v. UNION OF INDIA

Delhi High Court · 29 Mar 2019 · 2019:DHC:1843
J. R. Midha
W.P.(C) 3038/2019
2019:DHC:1843
intellectual_property petition_allowed

AI Summary

The Delhi High Court directed the Trademark Registry to consider the petitioner's trademark renewal application upon submission of the renewal request with restoration fee, disposing of the writ petition accordingly.

Full Text
Translation output
W.P.(C) 3038/2019
HIGH COURT OF DELHI
Date of Decision: 29th March, 2019
W.P.(C) 3038/2019 & CM No.14024/2019
SUPREME AGROFOODS PVT. LTD. ..... Petitioner
Through: Mr. Neeraj Grover, Mr. Anmol Chadha and Ms. Rudratti Kaur, Advocates.
VERSUS
UNION OF INDIA ..... Respondent
Through: Mr. (appearance not given), Advocate.
JUDGMENT
(ORAL)

1. The petitioner has filed this writ petition to seek the direction to the respondent to accept the request for renewal and/or restoration of the registered trademark No.1235463 in class 30 in the name of the petitioner and renew the trademark registration for further period of 10 years.

2. Learned counsel the respondent submits that he has received written instructions from the Trademark Registry that the petitioner’s application No.1235463 shall be considered in accordance with the law upon submission of renewal request with restoration fee.

3. Learned counsel for the petitioner is satisfied with the respondent’s response and submits that the petitioner shall submit the renewal request with restoration fee within four weeks from today.

4. Upon the renewal request with restoration fee being submitted by the petitioner, the Trademark Registry shall consider the application in 2019:DHC:1843 W.P.(C) 3038/2019 accordance with the law within a reasonable time.

5. The writ petition is disposed of in the above terms. Needless to say that if the petitioner is not satisfied with the decision taken that would be taken by the respondent on the petitioner’s application, the petitioner would be at liberty to avail appropriate legal remedies available to the petitioner in accordance with the law. The pending applications are disposed of.

6. Copy of this order be given dasti to counsels for the parties under signature of Court Master. J.R. MIDHA, J. MARCH 29, 2019 ak