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Hmm…. Seems like Blasphemy
Whereas the world of IPR will not be precisely rid of issues and controversies, one thing that may really ignite fires on this area could be: Are you able to probably trademark the identify of God?
Legally talking, Section 9(2)(b) of the Trade Marks Act, 1999, addressing absolute grounds for refusing registration, prohibits the registration of a trademark if it contains parts prone to offend the non secular sensitivities of any phase of Indian residents. When a trademark incorporates the identify of God, it restricts regular people and devotees from utilizing that divine identify. This provision goals to forestall the commercialization of non secular symbols, as outlined in Article 25 of the Constitution of India, which safeguards towards unique rights that will hinder others from using the identical. The Act additionally extends its prohibition to non-public names corresponding to these of Lord Buddha, the Sikh gurus, and so on., asserting that trademark registrations inflicting non secular discomfort objectify sacred symbols and titles. This stance aligns with the idea that names of public deities, current within the public area, shouldn’t be monopolized as mental property, because it not solely offends non secular sentiments but in addition obstructs devotees from freely invoking the identify of God.
This piece analyzes whether or not the identify of God can legitimately be trademarked by proprietors, contemplating judicial selections on this matter. It additional delves into the query of whether or not proprietors ought to select to pursue such a trademark, regardless that it’s technically potential.
Holding Names of Gods in Logos: Unhealthy Concept, Proper?
The deliberation on whether or not trademarking God’s identify is allowed has come into place by means of a sequence of circumstances through the years. The court docket’s stance has predominantly leaned in the direction of refusing to grant the trademark, evident within the forthcoming dialogue. Within the Mangalore Ganesh Beedi Works v. District Judge, Munsif City (2005) earlier than the Allahabad Excessive Court docket, the respondent objected to using the trademark “Ganesh” on beedis, citing non secular considerations associated to smoking and disposal of the beedi packets. The court docket dismissed the argument, stating that no proof urged smoking harm non secular susceptibilities, drawing a parallel with the frequent observe of discarding invitation playing cards with photographs of deities after use. This resolution showcased a progressive interpretation of the trademark act.
In one other case determined by the Delhi Excessive Court docket, Kewal Krishan Kumar vs Rudi Roller Flour Mills (P) Ltd. (2007), the dispute centered across the query of whether or not one might monopolize the time period “Shiv Shakti.” The appellant traded beneath the registered mark “Shakti Bhog” since 1982, coping with the sale of atta, maida, and suji. In the meantime, the respondent sought registration for the mark “Shiv Shakti” accompanied by a ‘Trishul’ and ‘Damru’ system. The Court docket decided that “Shiv Shakti” is phonetically distinct from “Shakti Bhog Atta,” emphasizing that whereas ‘Shakti’ is frequent, it’s merely descriptive of energy and energy. The distinct options of “Shiv” and “Bhog” within the two marks make confusion unlikely. Moreover, the Court docket emphasised that there can’t be a monopoly over the descriptive phrase “Shakti.”
In Praveen Raj v Controller General of Patents, Designs and Trademarks (2009) the Excessive Court docket of Kerala permitted a temple belief to register a trademark that includes a picture of the Attukal deity. The court docket clarified that this registration wouldn’t impede the devotees’ proper to worship. Nonetheless, it acknowledged the belief’s authority to forestall others from providing companies beneath the deity’s identify for monetary acquire.
In Bhole Baba Milk Food Industries Limited Versus Parul Food Specialities (P) Limited (2011) the Plaintiff, a milk and dairy merchandise producer, had been utilizing the ‘KRISHNA’ mark since 1992. The Defendant filed for the trademark ‘Parul’s Lord Krishna’ in 2009. The Delhi Excessive Court docket, making use of a take a look at of secondary distinctiveness, discovered the frequent identify ‘KRISHNA’ lacked the required distinctiveness for the Plaintiff. The Court docket famous the Defendant’s use of prefixes like “Parul’s” and “Lord” confirmed no dishonest intention. The Court docket emphasised that descriptive marks, particularly mixtures of frequent phrases, might not be entitled to monopoly. The Court docket allowed the Defendant to make use of their label mark, specifying the font measurement and prominence for the prefixes “Parul’s” and “Lord” in relation to ‘KRISHNA’. The Supreme Court docket, in its resolution, referred to the Eighth Report on the Commerce Marks Invoice, 1993, the place the Parliamentary Standing Committee discouraged the registration of symbols associated to Gods, Goddesses, and locations of worship as logos.
Subsequently, in Lal Babu Priyadarshi vs. Amritpal Singh (2015), the Supreme Court docket addressed the registration of names of holy books as logos. The appellant sought registration for the mark “Ramayan” with a crown system for incense sticks and perfumeries. The respondent argued towards exclusivity, asserting {that a} single dealer couldn’t declare rights over a spiritual guide’s identify. The court docket decisively dominated that utilizing the identify of a holy or non secular guide as a trademark will not be permissible. Nonetheless, it famous that if a prefix or suffix altered the phrase’s size, it could be thought of for registration. The denial of registration on this case was additionally primarily based on the lack of distinctiveness and proof of a number of merchants utilizing the time period ‘Ramayan’ for related items. Nonetheless, this judgment’s suggestion of a broader prohibition on registering holy or non secular guide names as logos is unclear for its origin. The present judgment, in distinction to the Supreme Court docket’s view within the 2005 case talked about earlier, implies that asserting exclusivity over a spiritual guide’s identify might doubtlessly ‘harm non secular susceptibilities.’ The angle offered on this case overlooks the potential avenue of frequent regulation rights by means of passing off, providing a substitute for exclusivity by means of registration.
Nonetheless, a latest divergence from this stance occurred when the Madras Excessive Court docket in Durga Dairy Ltd vs M/S. Sri Shakthi Dairy Products (2017)allowed the safety of the identify “DURGA” by means of registration, contemplating “JAI DURGA” phonetically related and eligible for defense. Nonetheless, within the Bombay Excessive Court docket case of Freudenberg Gala Household Product Pvt. Ltd (Gala) v. GEBI Products (Gebi) (2017), the dispute centered on Gala’s use of the trademark “LAXMI” for brooms. Regardless of the identify being related to a Hindu goddess, Gala obtained registration for it as a “label.” Gebi adopted “MAHA LAXMI” for brooms, one other identify for a similar goddess. Surprisingly, the court docket dominated in favor of Gebi, clarifying that Gala’s registered label didn’t grant unique rights over particular person phrases. It emphasised that using gods’ names will not be unique, stopping a single occasion from monopolizing such phrases. This case highlighted the excellence between defending a label mark and claiming a monopoly over a typical phrase, notably a god’s identify.
Most just lately, nonetheless, the pendulum has swung each methods within the case of Shyam Steel Industries Limited v. Shyam SEL and Power Limited and Another (2020), the place the Calcutta Excessive Court docket dominated that there isn’t any absolute bar on registering a god’s identify as a trademark, but refused to grant one even on this case. Right here, the Appellant sought an interim injunction towards the respondents for utilizing the mark “SHYAM” within the manufacturing of TMT bars. The Respondents contended that “SHYAM” referred to the Hindu deity Lord Krishna, not only a individual or identify. Nonetheless, the Court docket rejected this argument, emphasizing the Respondents’ have to substantiate the declare with compelling proof, which the Defendants did not show. The court docket allowed the Appellant’s interim injunction utility.
Issues for the Future: Staying Protected from the God’s Wrath
Often, for a trademark used for a specific model of products or companies to be granted has to accumulate secondary distinctiveness in its respective client market. This flows from the proviso of Section 9(1) of the Trade Marks Act, which stipulates {that a} mark shouldn’t be denied registration if, previous to the applying date, it has gained a particular character by means of its utilization or is acknowledged as a widely known mark. The trademark might get registered, relying on different authorized elements in addition to on the truth that it has acquired distinctiveness as a result of lengthy use in its respective client market. In mild of this, whether or not the names of Gods, being frequent private names, must be handled otherwise beneath trademark regulation?
The excellence between gods’ names and customary private names when it comes to uniqueness is query needing solutions. Whereas registration as label or system marks can deal with distinctiveness considerations, registering them as phrase marks is suitably to be refused, however there nonetheless stays excessive ambiguity on whether or not all names of gods, given an excellent higher vary and in depth number of different demigods, demons, creatures, saints, kings that originate from our Holy Books, must be deemed as inherently frequent and thereby excluded from exclusivity.
Evidently, though allowed, the energy of logos that includes names of gods stays ambiguous.. Unique statutory rights over such phrases can’t be claimed, making enforcement a formidable problem within the realm of logos related to the names of gods. Imposing logos that incorporate the names of gods presents inherent challenges, notably in India, the place such names are generally utilized in various companies, whether or not formally registered or not. A simple approval of such logos additionally raises considerations about what number of widely known photographs within the public area may acquire unique rights within the arms of proprietors. In conclusion, proprietors may wish to rethink their model names as logos to slightly be secure than sorry!
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