IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WP(C).No.305 OF 2021(K)
PETITIONER:
C.V.RADHAKRISHNAN,
AGED 67 YEARS,
JWRA 34, JAGATHY, THIRUVANANTHAPURAM,
KERALA, PIN - 695014.
BY ADVS.
SRI.P.ABRAHAM CHERIAN
SMT.N.RAJI
MUHSIN.M.M.
RESPONDENTS:
1 REGISTRAR OF TRADEMARKS,
TRADEMARK REGISTRY, INTELLECTUAL PROPERTY OFFICE,
BOUDHIK SAMPADA BHAWAN, ANTOP HILL,
S.M. ROAD, MUMBAI - 400 037.
2 CONTROLLER GENERAL OF PATENTS,
DESIGNS AND TRADEMARKS,
BOUDHIK SAMPADA BHAVAN, ANTOP HILL, S.M. ROAD, MUMBAI
- 400 037,.
3 ASSISTANT REGISTRAR OF TRADEMARKS,
TRADEMARK REGISTRY, INTELLECTUAL PROPERTY BUILDING,
G.S.T ROAD, GUINDY, CHENNAI - 600 032.
BY ADV. SRI.P.VIJAYAKUMAR, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.305 OF 2021(K)
2
JUDGMENT
The petitioner claims that he is a computer professional and he had submitted application for registration of trademark RIVER VALLEY in classes 9, 40 and 42 based on which Exts.P4, P5 and P6 orders were passed.
2. It is stated that subsequently Review Applications Exts.P9 to P11 were filed and orders were passed as per Ext.P11, P12 and P13 by Senior Examiner of Trademarks and Ext.P14 publication was made thereafter. Petitioner points out that even though all the procedures relating to grant of registration of trademark was completed as early as on 02.12.2019, the certificate of registration is not issued so far, even after Ext.P14 representation was submitted on 04.11.2020. The writ petition is filed at this stage aggrieved by the delay in issuance of certificate.
WP(C).No.305 OF 2021(K) 3 The writ petition is disposed of directing the 1st respondent to take appropriate action on Ext.P15 representation, within a period of two months from the date of receipt of a copy of the judgment.
Sd/-
P.V.ASHA, JUDGE.
ww WP(C).No.305 OF 2021(K) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE APPLICATION NO.3301068
FILED BY THE PETITIONER FOR THE
REGISTRATION OF THE TRADEMARK RIVER VALLEY IN CLASS 42 BEFORE THE 1ST RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE APPLICATION NO.3301069
FILED BY THE PETITIONER FOR THE
REGISTRATION OF THE TRADEMARK RIVER VALLEY IN CLASS 9 BEFORE THE 1ST RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE APPLICATION NO.3301072
FILED BY THE PETITIONER FOR THE
REGISTRATION OF THE TRADEMARK RIVER VALLEY IN CLASS 40 BEFORE THE 1ST RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 28.01.2019 OF THE EXAMINER OF TRADEMARKS IN THE MATTER OF APPLICATION NO.3301068.
EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 28.01.2019 OF THE EXAMINER OF TRADEMARKS IN APPLICATION NO.3301069 EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 28.01.2019 OF THE EXAMINER OF TRADEMARKS IN APPLICATION NO.3301072 EXHIBIT P7 A TRUE COPY OF PAGE NO.1678, PAGE NO.5370 AND PAGE NO.5825 OF THE TRADEMARK JOURNAL NO.1888, DATED 11.02.2019.
EXHIBIT P8 A TRUE COPY OF THE REVIEW APPLICATION FILED BY THE PETITIONER AGAINST THE ORDER DATED 28.01.2019 EXAMINER OF TRADEMARKS IN APPLICATION NO.3301068, IN CLASS 42. EXHIBIT P9 A TRUE COPY OF THE REVIEW APPLICATION FILED BY THE PETITIONER AGAINST THE ORDER DATED 28.01.2019 EXAMINER OF TRADEMARKS IN APPLICATION NO.3301069, IN CLASS 9. EXHIBIT P10 A TRUE COPY OF THE REVIEW APPLICATION FILED BY THE PETITIONER AGAINST THE ORDER DATED 28.01.2019 EXAMINER OF TRADEMARKS IN APPLICATION NO.3301072 IN CLASS 42. WP(C).No.305 OF 2021(K) 5 EXHIBIT P11 A TRUE COPY OF THE ORDER DATED 25.04.2019 PASSED BY THE SENIOR EXAMINER OF TRADEMARKS IN APPLICATION NO.3301068 IN CLASS NO.42. EXHIBIT P12 A TRUE COPY OF THE ORDER DATED 27.04.2019 PASSED BY THE SENIOR EXAMINER OF TRADEMARKS IN APPLICATION NO.3301069 IN CLASS NO.9. EXHIBIT P13 A TRUE COPY OF THE ORDER DATED 27.04.2019 PASSED BY THE SENIOR EXAMINER OF TRADEMARKS IN APPLICATION NO.3301072 IN CLASS NO.40. EXHIBIT P14 A TRUE COPY OF PAGE NO.5181 OF THE TRADEMARK JOURNAL NO.1930 DATED 02.12.2019. EXHIBIT P15 A TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE RESPONDENTS DATED 4.11.2020.