HDFC BANK STAFF UNION Vs. BANKING OMBUDSMAN

JUDGEMENT

(1.) Petitioner is stated to be a registered Trade Union representing the employees of the 2nd respondent Bank. The petitioner sought to open an account with the 3rd respondent Branch of the 2nd respondent Bank and since there was delay in processing the request for opening the Bank account, a complaint was filed before the 1st respondent herein, as evidenced by Ext.P6 dtd. 27/4/2018. In response to Ext.P6, the 2nd respondent submitted Ext.P7 reply dtd. 31/5/2018 before the 1st respondent herein pointing out that the account cannot be permitted to be opened since the petitioner is seeking opening of account in the name of "HDFC Bank Staff Union", which would amount to an infringement of its registered trade mark. The petitioner submitted Ext.P10 rejoinder dtd. 13/6/2018 essentially pointing out that it is neither a trader/manufacturer/service provider functioning in competition with the 2nd respondent herein and, therefore, there is no violation of the provisions of the Trade Marks Act. However, by Ext.P1 communication dtd. 17/7/2018, the 1st respondent informed the petitioner that its complaint could not be entertained.

(2.) Though an appeal was filed before the Reserve Bank of India by Ext.P12, the afore appeal was rejected holding that no appeal lies against the order at Ext.P1.

(3.) It is in the afore circumstances that the captioned writ petition is filed by the petitioner challenging Ext.P1 issued by the 1st respondent and also seeking a direction to the 2nd and 3rd respondents to open the account in the name of the petitioner as applied for by it.