Dudheria Textile Private Limited vs The Registrar Of Trade Marks And Others
2024 Latest Caselaw 2886 Cal/2

Calcutta High Court

Dudheria Textile Private Limited vs The Registrar Of Trade Marks And Others on 10 September, 2024

OCD-12

                             ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                        SPECIAL JURISDICTION
                            ORIGINAL SIDE

                        [COMMERCIAL DIVISION]

                           IPDTMA/76/2023

                DUDHERIA TEXTILE PRIVATE LIMITED
                               -VS-
            THE REGISTRAR OF TRADE MARKS AND OTHERS


  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO
  Date : September 10, 2024.

                                                                  Appearance:
                                                      Mr. Sayantan Basu, Adv.
                                                        Ms. Tanmoy Roy, Adv.
                                                  Mr. Koushik Mukherjee, Adv.
                                                           ... for the Appellant

                                                   Mr. Siddhartha Lahiri, Adv.
                                                     Mr. Shounak Ghosh, Adv.
                                                ... for the respondent nos.1 & 2

Mr. Sayan Roy Chowdhury, Adv.

Ms. Sagnika Dhar, Adv.

... for the respondent no.3

The Court: Mr. Sayantan Basu, learned counsel, is appearing for

the Appellant.

Mr. Siddhartha Lahiri, learned counsel, is appearing for the

respondent nos.1 & 2.

Mr. Sayan Roy Chowdhury, learned counsel, is appearing for the

respondent no.3.

The appellant has filed the present appeal against an order dated

23rd January, 2023 passed by the Hearing Officer of Trade Marks. Counsel

for the appellant has relied upon the judgment passed by this Court in the

case of Visa International Ltd. Vs. Visa International Service

Association & Anr. being IPDTMA/82/2023 with GA-COM/1/2024 dated

02nd August, 2024 wherein this Court held that the "The Registrar dealing

with an application under the Trade Mark Act is a quasi judicial and

delegation of power under sub-section (1) of Section 3 of the Act are not

empowered to pass quasi judicial orders." He submits that in the present

case the same officer has passed the impugned order being a Hearing

Officer of the Trade Marks.

Considered the submissions made by the Counsel for the

appellant. Perused the judgment passed by this Court in the case of Visa

International Ltd. (Supra). The impugned order dated 23rd January, 2023

is passed by the same officer who was engaged on contract basis as

Hearing Officer or Associate Manager who is not competent to pass quasi

judicial order.

Accordingly, The impugned order is set aside and quashed. The

matter is remanded back to the Registrar of Trade Marks, Kolkata to hear

the matter afresh by himself or by any competent officer other than the

Officer who passed the impugned order and to pass reasoned and speaking

order by giving an opportunity of hearing to all the parties of the objection

within a period of one year from the date of receipt of the copy of this order.

Though this Court has not gone into the merit of this case, all the

points have been kept open to be decided by either by the Registrar himself

or the competent officers appointed by the Registrar for disposal of the

matter.

IPDTMA/76/2023 is disposed of.

(KRISHNA RAO, J.)

S.De