C.V.Radhakrishnan vs Registrar Of Trademarks
2021 Latest Caselaw 398 Ker

               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)

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)

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)

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.