Michael A. Kallivayallil vs Controller General Of Patents
2021 Latest Caselaw 11118 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8670 OF 2021(G)


PETITIONER:

               MICHAEL A. KALLIVAYALLIL
               AGED 96 YEARS
               KALLIVAYALLIL HOUSE, KUTTIKANAM,
               PEERMADE, IDUKKI DISTRICT, KERALA.

               BY ADVS.
               SMT.K.LATHA
               SMT.M.UMA DEVI

RESPONDENTS:

      1        CONTROLLER GENERAL OF PATENTS
               DESIGNS AND TRADEMARKS,
               BOUDHIK SAMPADA BHAVAN,
               ANTOP HILL, S. M. ROAD, MUMBAI - 400037.

      2        ASSISTANT REGISTRAR OF TRADEMARKS
               TRADEMARK REGISTRY, CHENNAI,
               INTELLECTUAL PROPERTY BUILDING, G. S. T. ROAD,
               GUINDY, CHENNAI - 600032.

      3        P. SURESH
               SURYA HOTEL AND PROPERTIES, 44/1256,
               ASRA, ACSRA COLONY, KALOOR, KOCHI - 682017.


OTHER PRESENT:

               SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8670 OF 2021(G)

                                    2




                        J U D G M E N T

Petitioner is aggrieved by the delay in taking up

Ext.P4 Rectification Application No.262882 which was

submitted as early as on 26.04.2016. It is stated that

the 3rd respondent has already submitted his objections

and the petitioner has filed evidence. Complaint of the

petitioner is that even after submitting various

representations like Exts.P10, P11, P13 etc., the matter

is not taken up either in virtual mode or physical mode.

Therefore there shall be a direction to the second

respondent to take steps for considering Ext.P4

Rectification Application No.262882 at the earliest and

to pass orders in accordance with law, within period of

'three months' from the date of receipt of a copy of the

judgment.

The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.8670 OF 2021(G)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF TRADEMARK APPLICATION NO.2441920 DATED 13.12.2012.

EXHIBIT P2 TRUE COPY OF CERTIFICATE OF REGISTRATION NO.2193433 DATED 06.06.2019.

EXHIBIT P3 TRUE COPY OF THE STATUS OF THE TRADEMARK APPLICATION NUMBER 1969012 FROM THE WEBSITE OF THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE RECTIFICATION APPLICATION NO.262882 FILED BY THE PETITIONER.

EXHIBIT P5 TRUE COPY OF PRESENT STATUS OF PROCEEDINGS IN RECTIFICATION PETITION NO.262882.

EXHIBIT P6 TRUE COPY OF THE INTIMATION DATED 30.11.2018 FROM THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF NOTICE DATED 2.8.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF APPLICATION FOR EARLY HEARING DATED 19.08.2019.

EXHIBIT P9 TRUE COPY OF COUNTER STATEMENT DATED 25.08.2019 OF 3RD RESPONDENT.

EXHIBIT P10 TRUE COPY OF EVIDENCE IN SUPPORT OF THE RECTIFICATION DATED 29.10.2020 OF THE PETITIONER.

EXHIBIT P11 TRUE COPY OF REPRESENTATION DATED 25.11.2020 OF PETITIONER.

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 14.01.2021 OF PETITIONER.

EXHIBIT P13 TRUE COPY OF THE VIRTUAL HEARING BOARD SET UP BY THE 2ND RESPONDENT.