Mohammad Rafiq, J. - (1.) Petitioner, who has appeared in person. has filed this writ petition. with the prayer that respondents No. 3 to 9 be retrained from using the names and images of Gods and Goddesses as brand/trade name on their products. The petitioner has argued that such names and images printed on different packages of the aforesaid products are thrown into the dust-bin and eventually form part of the garbage which hurts the sentiments of a large number of people who hold such Gods and Goddess in great reverence.
(2.) Having heard the petitioner who is present in person and perused the material forming part of the record, I find that rather than approaching this Court directly, the petitioner should better approach the authorities constituted under the Emblems and Names (Prevention of Improper Use) Act, 1950 (hereinafter referred to as 'the Emblems Act') and the Trade Marks Act, 1999 (for short, 'the Act, 1999').
(3.) Section 3 prohibits improper use of emblems and names specified in 5 the Schedule of any colourable imitation thereof without permission of the Central Government or officer authorised in this behalf. Section 4 prohibits registration of certain companies etc. or registration of a trade mark or design, or grant of patent bearing any name/emblem if the use of such name or emblem is prohibited under Section 3. Section 8 empowers the Central a Government to amend the Schedule. For the sake of ready reference, above-mentioned Sections may be quoted as under : 3. Prohibition of improper use of certain emblems and names : Notwithstanding anything contained in any law for the time being in force, no person shall, except in such cases and under such conditions 5 as may be prescribed by the Central Government, use, or continue to use, for the purpose of any trade, business, calling or profession or in the title of any patent, or in any trade mark or design, any name or emblem specified in the Schedule or any colourable imitation thereof without the previous permission of the Central Government or of such officer of Government as may be authorised in this behalf by the Central Government. 4. Prohibition of registration of certain companies, etc.- (1) Notwithstanding anything contained in any law for the time being in force, no competent authority shall. (a) register any company, firm or other body of persons which bears any name, or (b) register a trade mark or design which bears any emblem or name, or (c) grant a patent in respect of an invention which bears a title containing any emblem or name, if the use of such name or emblem is in contravention of Section 3. (2) If any question arises before a competent authority whether any emblem is an emblem specified in the Schedule or a colourable imitation thereof, the competent authority may refer the question to the Central Government. and the decision of the Central Government thereon shall be final. 8. Power of the Central Government to amend the Schedule-The Central Government may, by notification in the Official Gazette, add to or alter the Schedule, and any such addition or alteration shall have effect as if it had been made by this Act.";