Rajasthan HC Expresses Shock Over 15-Year Trademark Delay, Directs Registrar to Clear Backlog
August 20, 2025
In a significant ruling, the Rajasthan High Court has directed the Registrar of Trademarks to decide all pending trademark registration applications expeditiously, emphasizing the urgent need to address the issue of prolonged backlogs.
The direction came while the Court was hearing a petition regarding a 15-year-old application for the mark “Breastone”, which had been filed in 2010 but was still awaiting adjudication.
Court’s Observations on Delay
Justice Anoop Kumar Dhand, expressing “shock” and “surprise” over the inordinate delay, noted that keeping applications pending for over one and a half decades was a “clear violation” of the mandatory provisions of Rule 50, Trade Mark Rules, 2017.
The Court strongly criticized the Registrar for allowing such pendency, observing:
“Excessive delays in resolving the applications seeking registration of Trademark indeed undermines the very purpose of filing such applications. When the matter is unnecessarily prolonged, it can lead to negative consequences, including loss of evidence, increased costs, and a sense of injustice to the parties involved.”
The Court further underlined that such delays violate the principles of natural justice, which require statutory procedures to be conducted fairly and within a reasonable time.
General Direction to Registrar of Trademarks
The Court held that:
Trademark applications cannot be left pending for decades.
The Registrar of Trademarks is duty-bound to adjudicate applications within a reasonable period.
A general direction was issued to the Registrar to decide all pending applications at the earliest, strictly in terms of Rule 50 of the Trade Mark Rules, 2017.
Specific Directions in the Present Case
With respect to the petitioner’s application for “Breastone”, the High Court directed the Registrar to decide the matter within three months.
The Court also stressed that the Trademark Registry must develop a clear strategy to tackle the massive backlog of pending applications, stating:
“A fast and simple mechanism to secure Intellectual Property Rights and in terms to secure the business, is tantamount and a need of the hour. By addressing this issue of delay in disposal of the pending Trademark Registration Applications, the system can better serve the purpose in resolving disputes fairly and effectively, upholding the principles of justice and maintaining public confidence.”
Implications of the Ruling
This ruling highlights two crucial aspects:
Judicial Push for Efficiency: Courts are increasingly holding statutory authorities accountable for delays that harm business and innovation.
Urgency for Reform: With lakhs of applications pending in the Indian Trademark Registry, a concrete strategy for faster processing is essential to safeguard brand owners’ rights.
The Rajasthan High Court’s order serves as a wake-up call to the Trademark Registry to address systemic delays that undermine India’s intellectual property framework. For entrepreneurs and businesses, this judgment reinforces the importance of filing applications promptly and monitoring their progress, while also building pressure on authorities to ensure timely adjudication.
Author: Siju Rajan
Registered Trademark agent
WhatsApp: +91 7012431293