Chennai: Setting aside the order of the trademark registry, Chennai, which refused trademark to a Bengaluru-based hospitality firm for its biryani, the intellectual property appellate board, Chennai, directed the registry to consider its application and pass an order in three months.
Passing the order on an appeal from TMA Hospitality Services Private Limited, Bengaluru, a chain of bistros, the bench, comprising chairman, Justice K.N. Basha, and vice-chairperson S. Usha, said, “A perusal of the order makes it crystal clear that it is nothing but a cryptic and non-speaking order.”
In the appeal petition, the company submitted that it had coined, adopted and used the trademark “Ammi’s Biryani” from October 1, 2008 in respect of various biryanis and kababs in various modes - take away boxes, drive away packs and by way of dine-in facilities.
The company applied for registration from the registrar of trademarks, trademark registry, Chennai, for the trademark “Ammi’s Biryani” in respect of label including its colour, font and layout. The company filed all relevant documents before the registry, but was shocked to note that the application was rejected on grounds of objection as per sections 9/11 of the Trademarks Act, 1999 in an order dated December 10, 2013.
Hence, the firm filed the appeal before the board, challenging the order. Counsel for the appellant, A.K. Muthukumar, contended that the order was passed in a most cryptic fashion without assigning any reason or any ground. He said the order merely stated that the trademark applied and filed was objectionable under sections 9/11 of the Act and accordingly, the plea was rejected. He said the registry had passed the order not only in gross violation of the principles of natural justice but also ignored the documents produced by the appellant.
On perusing the relevant documents and the order, the bench said, “We hold that the order was passed not only in flagrant violation of the principles of natural justice, but also passed without assigning any reasons or grounds for refusal of the application.” Setting aside the order, the bench directed the registry to dispose of the application of the company on merits in three months.
