In 2010, the Petitioner filed a trade mark application for the mark BREASTONE. However, the application remained pending for over fifteen years. Consequently, the Petitioner filed a writ petition before the Rajasthan High Court seeking directions from the Registrar of Trade Marks to process the application. In this case, the Court observed that the Registrar cannot keep applications pending indefinitely and is obligated to decide applications within a reasonable time. Excessive delays in processing trade mark applications not only violate statutory provisions under the Trade Marks Rules, 2017, but also undermine the principles of natural justice. The Court further emphasized that the right to speedy and expeditious disposal of trade mark applications is one of the rights of applicants, and forms an essential part of Article 21 of the Constitution of India.

The Court directed the Registrar to process the Petitioner’s application within three months, and also issued a general direction to decide all pending applications expeditiously. The Court further urged the Registrar to adopt a fast and simple mechanism to address the backlog of pending applications and to ensure protection of intellectual property rights.

Source: Nirmala Kabra v. Registrar of Trade Marks and Anr. [S.B. Civil WP No. 18998/2022]