UMAID MOHONOT Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr.Arun C.Mohan, learned counsel for the appellants and Mr.Rajesh Vivekanandan, Deputy Solicitor General of India for the respondents.

(2.) The appellants assail the order passed by the learned Single Judge thereby dismissing the writ petitions. The appellants had assailed the show cause notice issued to them by the Registrar of Trade Marks.

(3.) The appellants have adopted the trade mark "Arrow" in the year 1994 for the manufacture and sale of Plastic Tag Pins and Plastic Tag Guns extensively. The same "Arrow" trade mark was further extended to manufacture and sale of "Textile Cleaning Spray Guns" in the year 1997. The trade mark of the appellants is registered under the provisions of the Trade Marks Act, 1999. The appellants are issued with a show cause notice stating that the registration of trade marks or device is preferable under the Central Government directions being the property of the Government of India. The learned Single Judge did not entertain the writ petitions on the ground that the appellants have been issued with a show cause notice and that the High Court would not adjudicate the disputed questions of fact under Article 226 of the Constitution.