The Indian government has denied permission to Mont Blanc the International luxury giant to use Mahatma Gandhi image on their range of pens. The Centre has stated that Mahatma Gandhi cannot be the face of Mont Blanc pens’ advertising campaign in India . Mont Blanc desired to use Mahatma Gandhi image on their exclusive collection with a message “Mont Blanc Pen is mightier than the sword”. The pens are priced beginning Rs 1.5 lakh.

Solicitor general Gopal Subramanium told a Bench chaired by Chief Justice K. G. Balakrishnan that the Centre rejected their two applications seeking permission to use Gandhiji's image on their pens stating that a national emblem cannot be used for commercial purposes. The Emblems and Names (Prevention of Improper Use) Act, 1950 mandates against improper use of certain emblems and names for professional and commercial purposes. The petition had claimed that the practice adopted by the company in this regard was in violation of the relevant provisions of the Act and stated

"Under the Act, no person can use for the purpose of any trade, business or calling or profession, or in the title of any patent, or in any trademark or design, any name or emblem, specified in the Schedule or any colorable imitation without the previous permission of the Centre,"

The Supreme Court of India was acting in response to a PIL filed by Harsh Vardhan Surna. In his PIL Harsh Vardhan prayed Mont Blanc be penalized for selling the pens with Mahatma Gandhi image. The Advocate appearing for the Swiss pen major Mont Blanc in the Supreme Court informed the Bench that Mont Blanc had discontinued sale of their pens after the Government of India refused them permission to use Mahatma Gandhi image. Mont Blanc has also withdrawn their advertisement with Mahatma Gandhi image

In view of this averment the Apex Court disposed of the case after Mont Blanc’s counsel gave an undertaking that the remaining pens and advertisements with Mahatma Gandhi’s insignia would be withdrawn.