Excessive Delay In Deciding Trademark Registration Harmful: Rajasthan High Court Orders Registrar To Decide All Pending Pleas Expeditiously
The Rajasthan High Court directed the Registrar of Trademarks to decide all pending Trademark registration applications expeditiously, observing that it was expected of the authority to come up with a "strategy" to address the issue of "backlogs".The court passed the order while hearing a petition seeking expeditious decision on a 15-year-old trademark registration application of the...
The Rajasthan High Court directed the Registrar of Trademarks to decide all pending Trademark registration applications expeditiously, observing that it was expected of the authority to come up with a "strategy" to address the issue of "backlogs".
The court passed the order while hearing a petition seeking expeditious decision on a 15-year-old trademark registration application of the mark 'Breastone'.
Justice Anoop Kumar Dhand expressed "surprise" and "shock" over the present case, noting that the application for registration had been lying pending for adjudication for over one and half decade i.e. more than fifteen years which is a "clear act of violation" of the mandatory provisions of Rule 50, Trade Mark Rules 2017. It said:
"Excessive delays in resolving the applications seeking registration of Trademark indeed undermines the very purpose of filing such applications. When the matter is unnecessarily prolonged, it can lead to a number of negative consequences, including the loss of evidence and increased costs along with a sense of injustice to the parties involved...Prolonged delays can be particularly harmful to parties who are seeking a resolution to their case, as it can keep them in a state of uncertainty and prevent them from moving forward with their lives and businesses".
The court further said that excessive delays in disposal of the applications violates principles of natural justice which requires that the statutory procedure should be conducted fairly and in a timely manner
It said, “Trademark Registration Application cannot be allowed to remain pending for decades. The Registrar of Trademarks is not expected to keep these applications pending for an indefinite period and indefinite time. The respondent-Registrar is expected to decide the application in a reasonable time.”
The petitioner had filed an application seeking registration of TM in 2010 which was still pending adjudication. Hence petition was filed before the Court seeking expeditious decision.
The court thus directed:
"Instant case is a classic example where inspite of passing of more than fifteen years till date, the application submitted by the petitioner has not been decided on its merit. Taking a serious note of the aforesaid situation, a general direction is issued to the Registrar of Trademarks to decide all pending applications expeditiously as early as possible in terms of Rule 50 of the Rules of 2017".
With respect to the present matter, the high court directed that the trademark application be decided within 3 months. Further, the Court observed that it was expected from the Registrar to come up with a strategy to address the issue of backlogs.
"A fast and simple mechanism to secure the Intellectual Property Rights and in terms to secure the business, is tantamount and a need of the hour. By addressing this issue of delay in disposal of the pending Trademark Registration Applications, in an expeditious manner, the system can better serve the purpose in resolving the Trademark disputes fairly and effectively, upholding the principles of justice and maintaining public confidence," it added.
Title: Mrs. Nirmala Kabra v The Registrar of Trade Marks & Anr.
Citation: 2025 LiveLaw (Raj) 276