Marks
not Registrable as Trademarks in India
Marks 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: What type of
trademark cannot be registered or protected in India? As per section 9 (2) and
9 (3) of the Trade Marks Act, 1999 in India: (2) A mark shall not be registered
as a trade mark if —- Marks not Registerable
·
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.
·
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 it is of
such nature as to deceive the public or cause confusion:
What
type of trademark cannot be registered or protected in India?
As per section 9 (2) and 9 (3) of
the Trade Marks Act, 1999 a mark shall not be registered as a trade mark if —
·
it
is of such nature as to deceive the public or cause confusion:
·
it
contains or comprises of any matter likely to hurt the religious
susceptibilities of any class or section of the citizens of India;
·
it
comprises or contains scandalous or obscene matter;
·
its
use is prohibited under the Emblems and Names (Prevention of Improper Use) Act,
1950.
A mark shall not be registered as
a trade mark if it consists exclusively of
·
the
shape of goods which results from the nature of the goods themselves;
·
or
the shape of goods which is necessary to obtain a technical result;
·
or
the shape which gives substantial value to the goods
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.