1990 (7) TMI 371 - HC - Indian Laws

Summary

Issues Involved:

1. Refusal of Registered User registration applications by the Registrar of Trade Marks.
2. Grounds for refusal based on public interest and development of indigenous industry.
3. Application of general government policy on foreign-owned brand names.
4. Impact on small-scale sector and indigenous industry.
5. Legal interpretation of "interest of general public" under Section 49(3) of the Trade and Merchandise Marks Act, 1958.
6. Judicial review of administrative decisions.

Issue-wise Detailed Analysis:

1. Refusal of Registered User registration applications by the Registrar of Trade Marks:
The petitioners challenged the order dated December 17, 1982, by the Registrar of Trade Marks, which refused their applications for registration as Registered Users. The refusal was based on directions from the Government of India, citing that the registration was not in the interest of the general public and the development of indigenous industry.

2. Grounds for refusal based on public interest and development of indigenous industry:
The grounds communicated for rejection were:
- The trade marks for which registration was sought were foreign-owned brand names, and the general policy of the Government was not to allow the use of such names on items meant for mass consumption like cosmetics and toiletries.
- The manufacture of brushes, including toothbrushes, was reserved for exclusive development in the Small Scale Sector, and allowing the use of foreign brand names would adversely affect the development of indigenous industry.

3. Application of general government policy on foreign-owned brand names:
The petitioners argued that the Act makes no distinction between foreign or Indian brand names and that the refusal based on a general government policy was not a relevant consideration under Section 49(3) of the Act. The court noted that judicial notice could be taken of the fact that several foreign-owned brand names like 'Suzuki' and 'Pepsi' are permitted for use on items of mass consumption.

4. Impact on small-scale sector and indigenous industry:
The petitioners contended that the refusal ignored the interests of the general public and only considered the interests of the Small Scale Sector. The court agreed that it was essential to produce material in support of the claim that the user of the trade marks would adversely affect the development of indigenous industry.

5. Legal interpretation of "interest of general public" under Section 49(3) of the Trade and Merchandise Marks Act, 1958:
The court held that the expression "interest of general public" must have a nexus or relation to the object for which the Act was enacted. The Act aims to provide for the registration and better protection of trade marks and to prevent the use of fraudulent marks on merchandise. Factors unrelated to the object of the Act cannot be imported to conclude that registration is not in the public interest.

6. Judicial review of administrative decisions:
The court emphasized that the Central Government must support its conclusions with requisite material and cannot merely communicate conclusions by quoting the wording of the Section. It is necessary to indicate the actual facts on which the decision is based for the purpose of judicial review. The court found that the order rejecting the application was not supported by sufficient material and was based on vague and undisclosed grounds.

Conclusion:
The court set aside the order dated December 17, 1982, and directed the Central Government to reconsider the applications jointly filed by the petitioners and arrive at a fresh decision within three months. The Government was permitted to call upon the petitioners to produce further material in support of their claim. The petition was allowed without any order as to costs.