The Madras High Court has directed the Deputy Registrar of Trademarks to pass final orders on Wipro Enterprises Private Limited's applications seeking to record its name in the trademark register in respect of 85 trademarks assigned to it.
Justice P.B. Balaji passed the order while allowing a writ petition filed by Wipro Enterprises, which had approached the Court alleging that the Trademark Registry had failed to take action on its applications despite the passage of nearly three-and-a-half years.
The applications concerned trademarks assigned to Wipro Enterprises through various assignment deeds dated May 12, 2023, by Brahmins Foods India Private Limited, V. Sreenath, Srinath V., Sreenath V., Brahmins Marketing, Bhagya Food Industries and Brahmins Enterprises.
The petitioner submitted that applications seeking to record its name in respect of the trademarks were filed before the Deputy Registrar on June 14 and 15, 2023. However, no action had been taken on the applications.
Opposing the petition, the Central Government Standing Counsel submitted that the Trademark Registry was required to serve notice on the original registered proprietors under the Trade Marks Rules, 2017, before processing the applications.
It was also submitted that there was nothing on record to indicate that the mandatory notices had been issued.
Allowing the petition, the Court directed the Deputy Registrar to pass final orders on Wipro Enterprises' applications within eight weeks from the date of receipt of a copy of the order.
The Court further directed that if the mandatory statutory notices had not been issued, the Registry should immediately issue them and, after expiry of the 30-day period, effect the necessary recording of the petitioner's name within the stipulated eight weeks.
For Wipro: Advocate Gladys Daniel
For Registrar: CGSC K.Thirukkumaran