Authority: High Court at Calcutta, Intellectual Property Rights Division

Order Date: 14 October 2026

Case Overview

  • Petitioner: Parle Products Private Limited; Respondents: Union of India & others, including unrepresented respondent No.5, holder of Design No.285073.
  • Petition filed seeking cancellation of Design No.285073; cancellation application originally filed on 13 August 2019 and remained pending before the Controller General of Patents, Designs and Trade Marks.
  • Petitioners argued undue delay and requested the Court to direct the Controller to dispose of the cancellation application expeditiously.
  • Respondent counsel indicated that the Deputy Controller of Patents & Designs issued a notice on 5 October 2026 scheduling a hearing on 27 November 2026 at 11:30 a.m.

Final Outcome

  • The Court directs the Deputy Controller of Patents & Designs, who issued the 5 October 2026 notice, to conclude the hearing and dispose of the cancellation application no later than 15 January 2027.
  • The writ petition is disposed of; no affidavit was taken, and therefore the allegations in the petition are deemed not admitted by the respondents.
  • All parties are to act on the server copy of this judgment downloaded from the official Court website; the petitioner shall communicate the order to respondent No.5.

Topics: Intellectual Property, Design Cancellation