S.S.Rana-IPR-Law-Firm
ssrana-facebook   ssrana-twitter   ssrana-googleplus   ssrana-linkedin   ssrana-googleblog
Client Login
  Skip Navigation Links  




























TRADEMARKS NOT REGISTRABLE IN INDIA

 

INDIAN IP LAWS

  PATENTS
TRADEMARKS
 
Trademark Searches
Trademark INN Searches
Trademark Applications
Trademark Classes
Trademark Filing
Online Trademark Filing
Trademark Prosecution
Trademark Flowchart
Trademark Opposition
TM Opposition Flowchart
Trademark Registration
Trademark Renewal
Trademark Restoration
Trademark Removal
Trademark Status
Trademark Rectification
Trademark Licensing
TM Filing Fees & Forms
Trademark Acts India
Well Known Trademarks
Marks not Registrable
Trademark Protection
Trademark FAQ India
Madrid Protocol India
Madrid Protocol India-FAQ
DESIGNS
COPYRIGHT
DOMAIN NAMES
GEOGRAPHICAL INDICATIONS
ANTI-COUNTERFEITING
IP ENFORCEMENT AND LITIGATION
INFRINGEMENT & PASSING OFF OF TRADEMARK
FRANCHISING LAW
MADRID PROTOCOL

SAARC IP LAWS

INTERNATIONAL IP LAWS

USEFUL LINKS

 

 

What marks are not registerable as a trade mark in India?

The trade marks which are not registerable in India are those which lack distinctiveness, and which are likely to cause deception or confusion in the mind of the public/ consumer

 

Besides the above, other marks which are not registerable as trade marks in India are as follow:

  • Trade marks that are likely to hurt religious sentiments of any community;

  • Trade marks that comprises any scandalous or obscene matter;

  • Trade marks the use of which is prohibited under the Emblems and Names (Prevention of Improper Use)Act, 1950, e.g. the Red Cross, the National Emblem, Republic etc.

http://upload.wikimedia.org/wikipedia/commons/thumb/1/1a/Flag_of_the_Red_Cross.svg/220px-Flag_of_the_Red_Cross.svg.pnghttp://t2.gstatic.com/images?q=tbn:ANd9GcQjdXxaAvHpXQpwOso-ee_ItGVtpGE-J4DHdt3Jen71GB1k5LZS

  • Trade marks for the shape of goods which is purely functional or necessary to obtain technical result or which gives substantial value to the goods. Marks which are prohibited under the International non-proprietary names

Case Laws

Ravikanth Shinde v Managing Director, Gujarat Heavy Chemicals Ltd. and Ors., 2003(4)ALD400

The Respondents in this case were manufacturing 'kitchen salt' under the trademark Dandi with the pictorial representation in the background which creates an impression of Mahatama Gandhi. The Andhra Pradesh High Court directed the authorities concerned under the Emblems and Names (Prevention of Improper Use) Act, 1950, to take steps in accordance with the Act to ensure that Mahatma Gandhi's picture or the name Dandi is not used for any commercial purpose.

Lal Babu Priyadarshi vs. Amritpal Singh, Civil Appeal No. 2138 Of 2006

In this case the Appellant applied for registration of the word “RAMAYAN” as a trade mark. The Court found that the photographs of Lord Rama, Sita and Lakshman were also shown in the label which is a clear indication that the Appellant is taking advantage of the Gods and Goddesses which was otherwise not permitted. The Court held that if any other word is added as suffix or prefix to the work “RAMAYAN” and the alphabets/design/length of the words is same as of the word “RAMAYAN”, then the word “RAMAYAN” may lose its significance as a religious book and it may be considered for registration as a trademark. Hence, no person can claim the name of a holy or religious book as a trademark for the goods or services marketed by him.

For more information on Marks not Registrable in India please write to us at: info@ssrana.com

  |   |   |   |   |   |   |   |   |   |  


© Copyright 2010-17, S.S. Rana & Co. All rights reserved