KANWAR KISHORE JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 100 dated 1.12.2004 registered under sections 101/102/103/104 of the Trade Marks Act, 1999 at Police Station Division No. 3, Ludhiana. FIR registered against the petitioner reads as under :-

(2.) MR . H.S. Gill, learned senior counsel appearing on behalf of the petitioner has sought quashing of the FIR and subsequent proceedings on the plea that registration of the FIR and subsequent proceedings are nothing but misuse of the process of the court.

(3.) IT is further claimed that ever since that period i.e. 65 years, the petitioner's firm has been makings extensive sale of its products. It has been widely accepted in the public and its clients for its high quality and superior Ayurvedic medicinal effects. The-products being manufactured and sold by the petitioner's firm have been in the shape of SURMA, SURMI, and eye drops in respect of the eyes disease and eyes salve. The said words SURMA, SURMI, and eye drops are descriptive words used, to describe the nature of the product. The petitioner's firm has also been selling other products comprising of Balm, Churran and Manjan etc. as Ayurvedic preparations. It is contended that petitioner's firm has been selling its products by adoption and use of the trade Marks Kanwal and Kanwal Nain with and without the use of the word SURMA, and/or SURMI as suffix and prefix. Inasmuch as that the products being manufactured and sold by the firm of the petitioner are Kanwal Nain, SURMI, Kanwal Nain SURMA, Kanwal Nain Eyes drops, Kanwal Nain Hajma Churan, Kanwal Nain Manjal, Kanwal Dard Nashik Bam, Kanwal Gulab Jal and the products of the firm of the petitioner are being sold extensively under the aforesaid Trade Marks, in which the Trade Mark Kanwal and/or Kanwal Nain is prominently used and displayed, whereas the other words as suffix/prefix thereof are the words of descriptive nature.