Case Title:Kamdhenu Limited Vs. Union of India :Date of Order: 28th May, 2025:Case Number: W.P.(C)-IPD 29-33/2025:Name of Court: High Court of Delhi:Name of Judge: Hon’ble Mr. Justice Saurabh Banerjee
The petitioner, Kamdhenu Limited, filed a batch of writ petitions challenging the manner in which the Trade Marks Registry processed and accepted five trademark applications. The challenge was based on serious procedural lapses, including non-compliance with Rule 33 of the Trademark Rules and Section 11 of the Trademarks Act. It was alleged that the Registry ignored existing prior registrations of the petitioner and accepted the impugned applications within minutes on the same day of filing, without due examination.
The dispute centered on whether the acceptance of the impugned trademark applications by the Registrar of Trade Marks was legally valid when the process showed signs of procedural irregularities, including suspicious haste and lack of a proper search report reflecting the petitioner’s prior trademarks.
The Judge found that the circumstances indicated a clear administrative lapse and failure of statutory duties by the Registry. The Court acknowledged that although alternate statutory remedies were available, the exceptional facts warranted exercise of the High Court’s extraordinary jurisdiction under Article 226 of the Constitution. The Court noted that the Registrar of Trade Marks had already admitted errors and initiated departmental action against the concerned examiners.
In its decision, the Court exercised suo motu powers to remand all five trademark applications for fresh adjudication. It directed the Registrar of Trade Marks to conduct a de novo examination of the applications in accordance with law, after giving due notice to all parties. The petitions were accordingly disposed of without delving into the merits of each application.
