[Cites 2, Cited by 0]
Kerala High Court
Oriental Metals Llp vs The Registrar Of Trademarks on 27 March, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) No.2454 of 2026 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
WP(C) NO. 2454 OF 2026
PETITIONER:
ORIENTAL METALS LLP
AN INDIAN LIMITED LIABILITY PARTNERSHIP, HAVING
ITS REGISTERED OFFICE AT 46/2196 A, ALUMINIUM
HYPER MART, NH BYPASS VYSALI JUNCTION, KOCHI,
ERNAKULAM, KERALA, REPRESENTED BY ITS DESIGNATED
PARTNER AHAMED ANSARI KAIPPALATH MOHAMEDKUNJU S/O
MOHAMEDKUNJU, AGED 53 YEARS, PIN - 682032
BY ADVS.
SMT.S.AMINA
SMT.LAKSHMI S.
SMT.FASEELAMOL K.R.
SMT.ANANYA REGHU
SMT.ANINA VARGHESE
SMT.ANJALI SONY
RESPONDENTS:
1 THE REGISTRAR OF TRADEMARKS,
THE OFFICE OF TRADEMARKS REGISTRY,INTELLECTUAL
PROPERTY BUILDING,GST ROAD, GUINDY, CHENNAI,
TAMIL NADU., PIN - 600032
2 HERO PLYWOODS AND BOARDS,
AN INDIAN PARTNERSHIP FIRM, REPRESENTED BY ITS
PARTNERS - K.S.MOHAMMED ALI T.P.SABIRA,
K.P.RASHEEDA AND K.S.FAIZAL,MANCHAL, KURUMATHOOR,
TALIPARAMBA, KANNUR,KERALA, PIN - 670142
BY ADV SMT.ANJU DIVAKAR, CGC
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SRI. DHEERAJ.A.S, GP, SMT. VIZZY GEORGE FOR R2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 27.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BECHU KURIAN THOMAS,J
------------------------------------
WP(C) No.2454 of 2026
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Dated this the 27th day of March, 2026
JUDGMENT
The writ petition is filed seeking to cancel/revoke the
registration granted to the impugned mark "ORALIUM' registered
under Class 19 in the name of the 2 nd respondent. A further direction
is sought to rectify the entry in the Register of Trademarks in respect
of removing the registration of the impugned registered trademark.
2. Pursuant to the receipt of notice, the 2nd respondent has
entered appearance and has pointed out that this Court does not have
jurisdiction to entertain this writ petition. The learned counsel relied
upon the decision of this Court in PAS Agro Foods v. KRBL Limited
2025 KHC 1126 as well as the decision of the learned Single Judge of
this Court in T.T.Salads and Grill LLP, v. Secretary, Department
for promotion of Industry and Internal Trade, Ministry of
Commerce and Industry and Other 2025 SCC Online Ker.
13041.
3. I have heard the learned counsel for the petitioner, the
learned Counsel for the 2nd respondent as well as the learned Central
Government Counsel for the 1st respondent.
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4. In the decision in T.T.Salads and Grill LLP, (supra), the
learned Single Judge had observed, after perusing the decision in PAS
Agro Foods's (supra) that the power of rectification can be exercised
only by the High Court that enjoys the appellate jurisdiction over the
appropriate office of the Trade Mark Registry wherein the entry
relating to the impugned trade mark was registered. Reliance was
also placed on the decision of the Madras High Court in Woltop India
Pvt.Ltd., v. Union of India (2025 SCC OnLine Mad. 9347),
wherein it was held that, since the office of the trade mark Registries
are currently located in Mumbai, New Delhi, Calcutta, Chennai and
Ahamadabad, reference to the High Court in Section 57 of the Trade
Marks Act, 1999 can only be to the High Courts exercising appellate
jurisdiction over those offices.
5. The relief sought for by the petitioner is to revoke or
cancel the registration already granted to a mark. Registration was
granted by the 1st respondent, which is subject to the appellate
jurisdiction of the High Court of Madras. Since the remedy sought for
by the petitioner, is in effect, one in the nature of Sections 47 & 57 of
the Trade Marks Act, 1999, I am of the view that the writ petition is
not maintainable before this Court and the remedy of the petitioner is
to move the appropriate court in tune with the decisions mentioned
above.
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Hence, the writ petition is dismissed, reserving the liberty of the
petitioner to initiate appropriate proceedings in accordance with law
before the appropriate forum.
sd/-
BECHU KURIAN THOMAS,JUDGE
pm
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APPENDIX OF WP(C) NO. 2454 OF 2026
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPIES OF THE CERTIFICATE OF
INCORPORATION OF THE PETITIONER COMPANY,
AND ITS PREDECESSOR, AND THE SAID DEED
AND AGREEMENTS PERTAINING TO THE
BUSINESS TRANSFER AND ASSIGNMENT OF
ASSETS
Exhibit P2 A TRUE COPY OF THE EXTRACT FROM THE
WEBSITES OF ORIENTAL METALS AND ORALIUM,
REFERRING TO THE HISTORY AND MILESTONES
OF THE PETITIONER COMPANY AND GROUP
COMPANIES, AND TRUE COPIES OF DOCUMENTS
REFERRING TO THE FORMATION AND
INCORPORATION OF THE ABOVEMENTIONED
GROUP COMPANIES OF THE PETITIONER
Exhibit P3 A TRUE COPY OF THE DOCUMENTS EVIDENCING
THE USE, SALES AND EXPORTS OF PRODUCTS
UNDER THE ORALIUM MARK SINCE 2008 BY THE
PETITIONER'S PREDECESSOR IN INTEREST AND
SINCE THEN BY THE COMPANY AND
PARTNERSHIPS CONSTITUTED, IN INDIA AND
ABROAD ARE COLLECTIVELY
Exhibit P4 TRUE COPIES OF THE PRODUCT CATALOGUES OF
THE ORIENTAL METALS AND THE
INSTALLATIONS MADE IN DIFFERENT
LOCATIONS ACROSS THE STATE OF KERALA AND
IN MANY PARTS OF INDIA
Exhibit P5 TRUE COPIES OF LIST OF DEALERS,
DISTRIBUTORS, RETAILERS OF THE
PETITIONER COMPANY SPREAD ACROSS KERALA,
AND IN OTHER PARTS OF INDIA,
Exhibit P6 TRUE COPIES OF THE ADVERTISEMENTS,
ADVERTISEMENTS INVOICES AND TELECAST
CERTIFICATES FOR THE PROMOTIONS MADE BY
THE PETITIONER COMPANY WITH REFERENCE TO
PRODUCTS OFFERED UNDER THE MARK -
ORALIUM
Exhibit P7 TRUE COPIES OF THE CERTIFIED ANNUAL
TURNOVER AND PROMOTIONAL EXPENSES FOR
THE SALES AND PROMOTIONS MADE BY THE
PETITIONER COMPANY WITH REFERENCE TO
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PRODUCTS OFFERED UNDER THE MARK -
ORALIUM
Exhibit P8 TRUE COPIES OF THE REGISTRATION
CERTIFICATES AND EXTRACTS FROM THE
ELECTRONIC REGISTER WITH REFERENCE TO
THE ABOVE REGISTRATIONS WITH REFERENCE
TO THE MARK - ORALIUM, AND A COPY OF THE
TRADEMARK ASSIGNMENT AGREEMENT ALONG
WITH THE REQUEST FOR RECORDAL OF
ASSIGNMENT
Exhibit P9 TRUE COPIES OF THE EXTRACTS FROM THE
ABOVEMENTIONED WEBSITES AND SOCIAL MEDIA
PAGES WITH REFERENCE TO THE MARK -
ORALIUM USED AND PROMOTED BY ORIENTAL
METALS
Exhibit P10 TRUE COPIES OF THE ABOVEMENTIONED
CERTIFICATIONS AND RECOGNITIONS WITH
REFERENCE TO PRODUCTS OFFERED BY THE
PETITIONER UNDER THE MARK - ORALIUM
Exhibit P11 TRUE COPIES OF THE TRADEMARK
REGISTRATION CERTIFICATE ISSUED BY THE
OFFICE OF THE 1ST RESPONDENT IN THE NAME
OF THE 2ND RESPONDENT FOR THE IMPUGNED
MARK - ORALIUM AND EXTRACT OF THE E-
REGISTER REFERRING TO THE ABOVE
TRADEMARK REGISTRATION FOR THE IMPUGNED
MARK
Exhibit P12 TRUE COPY OF THE EXTRACTS FROM THE
WEBSITE OF THE 2ND RESPONDENT, AS
AVAILABLE AT HTTPS://HEROPLY.COM/,
Exhibit P13 TRUE COPY OF THE SAID JUDGMENT PASSED BY
THE HON'BLE DISTRICT COURT, ERNAKULAM IN
OS NO. 27 OF 2018 DATED 25-09-2023
Exhibit P14 A TRUE COPY OF THE MEMORANDUM OF APPEAL
FILED BY THE 2ND RESPONDENT IN RFA NO.
129 OF 2024 DATED 07-06-2024
