A writ petition is filed before Hon’ble Rajasthan High Court, Jodhpur while challenging the Circular dated 28.08.2020 being issued by the Bureau of Indian Standards(BIS). By virtue of the impugned circular, BIS has strictly directed the Cement Companies across the nation to not to use Registered TradeMarks which contains claims like ‘super’, ‘weather shield’ and such alike.
The Writ Petition has been filed by JK Cement Ltd. before the Hon’ble Rajasthan High Court at Jodhpur while challenging the Circular and directions issued by the BIS. The said writ petition was listed before the Court on 17.05.2021 and the Counsels appearing for the Company, Mr. Ravi Bhansali Senior Advocate, Mr. Ramit Mehta and Mr. Saurabh Maheshwari argued emphatically before the Hon’ble Court that the Circular issued by the BIS is devoid of statutory jurisdiction and the BIS is illegally interfering with the registered trademarks. Also, it was submitted that the Company has obtained the trademarks under the Trademarks Act and the trademarks, such obtained and registered, are legally valid under the provisions of law. The trademarks are used in connection of trade and does not depict the quality of the product. It was submitted that the BIS is the authority that regulates quality of the product and has no authority to regulate with the trademark.
Counsel appearing for the Union of India , Mr Mukesh Rajpurohit, ASG and Counsel appearing for BIS, Mr. Shamboo Singh,vehemently opposed the arguments of the Counsels for the Petitioner Company.
Considering the contentions of the respective Counsels, Hon’ble Court passed order while directing the respondents to not to take any coercive action against the petitioner company, on pretext of the impugned Circular company shall not be restrained from using trademark. While passing the order, Hon’ble Court granted time to the respondents to file reply to the writ petition and ordered to list the matter after 8 weeks.
