Case Title: Kamdhenu Limited Vs. Union of India.
Date of Order: 09 May 2025
Case No.: W.P.(C)-IPD 29/2025,
Court: High Court of Delhi, New Delhi
Judge: Hon’ble Mr. Justice Saurabh Banerjee
Facts:
The petitioner, M/s Kamdhenu Limited, challenged the Examination Report cum Acceptance Order dated 24.04.2025 issued by the Registrar of Trademarks regarding trademark application No. 6890699 in Class 6. Although the Examination Report cited two of the petitioner’s registered trademarks, it omitted 16 other valid and subsisting registrations of the petitioner. These omissions raised concerns about the completeness and reliability of the trademark examination process.
Procedural Details:
The writ petition was filed under Articles 226 and 227 of the Constitution seeking a writ of certiorari to quash the impugned Examination Report and a mandamus directing the Registrar to duly consider all existing registrations of the petitioner during examination of similar marks. The matter was listed along with similar petitions (W.P.(C)-IPD 30-33/2025). Despite repeated court queries, the Respondents failed to respond satisfactorily due to lack of instructions.
Issues:
Whether the Registrar of Trademarks failed to consider all relevant prior registered marks of the petitioner during examination.
Whether such omissions affect the legality and validity of the Examination Report.
Decision:
The Court found prima facie irregularities and considered the situation “not in order.”
Directed either of the Examination Officers (Mr. Nehul Kumar or Mr. Rahul Kumar) to appear physically with a device to demonstrate the software used for the Search Report.
Directed the Registrar of Trademarks to join virtually on 15.05.2025 to assist in clarifying the matter.
