JUDGMENT (Oral)

C. Hari Shankar, J.

1. The petitioner is the proprietor of a number of trademarks which essentially involve the word "AMUL", on its own as well as accompanied by prefixes and suffixes, both as word marks and device marks, in various classes of the NICE classification.

2. The petitioner is aggrieved at the fact that, despite the existence, and in derogation, of the proprietorial rights held by the petitioner in the said registered trade marks, several persons are applying for registration of marks which include "AMUL" and are, in the submission of the petitioner, deceptively similar to the trademarks in which the petitioner holds registrations.

3. The petitioner has, therefore, filed the present writ petition before this Court, under Article 226 of the Constitution of India, seeking the following prayers:

"It is therefore most humbly prayed that this Hon'ble Court may graciously be pleased to:

(a) Issue a Writ of Mandamus directing the Respondent to withdraw the acceptance of trademarks identical with or deceptively similar to the Petitioners' "AMUL" trademarks which are at Sr No. 22 to 57 in the Table at Para 26.

(b) Issue a Writ of Mandamus quashing the publication