YATIN KHODABHAI DESAI (LEUVA PATEL)versusUNION OF INDIA THROUGH CONTROLLER GENERAL OF PATENTS,DESIGNS AND TRADE MARK(CGPDTM)

   C/SCA/2548/2026                              JUDGMENT DATED: 30/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 2548 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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          Approved for Reporting               Yes          No
                                                            No
==========================================================
              YATIN KHODABHAI DESAI (LEUVA PATEL)
                             Versus
        UNION OF INDIA THROUGH CONTROLLER GENERAL OF
        PATENTS,DESIGNS AND TRADE MARK(CGPDTM) & ANR.
==========================================================
Appearance:
PARTY IN PERSON(5000) for the Petitioner(s) No. 1
MS VYOMA K JHAVERI(6386) for the Respondent(s) No. 1,2
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                           Date : 30/04/2026

                          ORAL JUDGMENT

1. Rule returnable forthwith. Ms. Vyoma K. Jhaveri,
learned Standing Counsel waives service of notice of rule
for and on behalf of respondent Nos. 1 and 2.

2. Present petition is filed by the petitioner, who appears
as party-in-person under Articles 14, 19(1)(g), 21 and 226
of the Constitution of India r/w the provisions under
Trade Mark Act,1999 seeking below mentioned relief:-



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  C/SCA/2548/2026                           JUDGMENT DATED: 30/04/2026




     “25(A). Issue an appropriate writ, order or direction
     directing the Respondent no. 2-Asst. Registrar of Trade
     Marks, Ahmedabad - to immediately fix a date for Show
     Cause Hearing and decide the Petitioner's Trade Mark
     Application No. 6161550 (Class 14 Series) within a
     period of four weeks from the date of this order;

     [A copy of Trademark Application dated 24-10-2023 is
     annexed at Annexure - "A", Pg. no. 16 to 17]

     25(B). Further direct the Respondents to strictly comply
     with the directions issued by the Hon'ble Rajasthan High
     Court in Nirmala Kabra v. Registrar of Trade Marks
     regarding speedy disposal of pending trademark
     applications;

     [A copy of order dated 07-08-2025 is annexed at
     Annexure - "F", Pg. no. 25 to 30]

     25(C). Declare that the prolonged delay in listing and
     disposal of the Petitioner's trademark application is
     arbitrary, unreasonable, and violative of Articles 14,
     19(1)(g) and 21 of the Constitution of India;

     25(D). Award costs and/or appropriate compensation to
     the Petitioner for the loss, hardship, and delay suffered
     due to inaction of the Respondents;

     25(Ε). Pass any other and further orders as may be
     deemed just, proper, and equitable in the interest of
     justice.

     Interim Prayer

     26. Pending admission, hearing and final disposal of this
     petition, the Petitioner respectfully prays that this
     Hon'ble Court may be pleased to direct the Respondent
     No. 2 to list the Petitioner's application for Show Cause
     Hearing within 15 days and file a status report before
     this Hon'ble Court.”

3. Heard Mr. Yatin Khodabhai Desai who appears as
party-in-person,    and   Ms.    Jhaveri,    learned        Standing


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     C/SCA/2548/2026                       JUDGMENT DATED: 30/04/2026




Counsel for the respondents.

4. Today, the petitioner-party-in-person submits before
the Court that the application of the petitioner bearing
Trade Mark Application No.6161550 (Class 14 Series) is
pending before respondent No.2. He urges before the
Court to direct the respondent No.2 to decide the said
application pending before respondent No.2 within some
reasonable time period. He relied upon the directions
issued by the Rajasthan High Court in case of Nirmala
Kabra vs. Registrar of Trade Marks and submits that the
application filed by him may be decided by respondent
No.2, as early as possible.

5. On the other hand, Ms. Vyoma Jhaveri, learned
Standing Counsel for respondent Nos.1 and 2 submits
that if the application of the petitioner-party-in-person
bearing Trade Mark Application No.6161550 (Class 14
Series) is pending before respondent No.2, then the same
shall be decided, as per time period fixed by this Court.

6.      I have perused the record of the petition. It appears
from the record that the application of the petitioner-
party-in-person        bearing    Trade    Mark        Application
No.6161550 (Class 14 Series) pending before respondent
No.2 is not decided till today and it is pending before
respondent No.2 since long.




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     C/SCA/2548/2026                                                               JUDGMENT DATED: 30/04/2026




7.        In view of the above, the respondent No.2 is hereby
directed to decide the application of the petitioner
bearing Trade Mark Application No.6161550 (Class 14
Series) within period of three months from the date of
receipt of copy of present order, in accordance with law.

8.        With the above observations present petition stands
disposed of. Rule is made absolute to the aforesaid
extent. Direct service is permitted.



                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/05/2026 17:48:37




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