The petitioner, M/s. Tiger Food Ingredients (P) Ltd. (formerly M/s. Manju Chemicals Private Ltd.), filed a writ petition seeking a mandamus to direct the Registrar of Trade Marks to consider their name change application (Form TM-P) dated June 5, 2024. The company’s name was changed following a certificate of incorporation issued by the Ministry of Corporate Affairs on January 31, 2024. The name change application was not acted upon by the Trade Marks Registry, prompting the petitioner to approach the court.
The petitioner argued that the name change application was procedural and should have been processed promptly. Despite filing the request on June 5, 2024 for four trademarks, the respondent (Trade Marks Registry) had not taken any action. The respondent countered that the petitioner approached the court without allowing a reasonable time for the application to be processed and without filing a representation for expeditious consideration.
The court observed that the petitioner had undergone a valid name change, as indicated by the certificate of incorporation, and had submitted the necessary documents for name change in respect of their registered trademarks. The court acknowledged the merit in the respondent’s claim regarding the timing but emphasized that procedural applications should be handled swiftly.
Accordingly, the court directed the Registrar of Trade Marks to consider and dispose of the petitioner’s name change applications for the registered trademarks within six weeks of receiving the court’s order.
IP owners should regularly update their details with the Indian IP Office, especially after significant changes such as corporate name alterations. Timely filing and proactive follow-up with the authorities can help avoid delays in maintaining valid trademark records.
W.P(IPD) No. 23 of 2024 – M/s. Tiger Food Ingredients (P) Ltd. vs. The Registrar of Trade Marks
SENTHILKUMAR RAMAMOORTHY,J
Madras High Court
September 5, 2024
Raja Selvam
Founder & Managing Attorney, Selvam & Selvam | Practice areas include Trademarks, Patents, Domain names & Business law. Visiting faculty, Department of Journalism, Madras University where I teach copyrights & trademarks law. Passionate about entrepreneurship, start-ups, stocks, farming, technology and law.
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