In today's modern world, the concept of trademark registration has become an essential aspect of businesses and commercial ventures. It allows for the protection of intellectual property and the exclusive rights of the owners. However, when it comes to matters of religion and faith, there arises a conflict between the principles of trademark law and the religious emotions of the people. In India the frequent question that arises is whether God's name can be trademarked under the Trade Marks Act, 1999?

As per Section 9(2)(b) of the Trade Marks Act, 1999, a mark shall not be registered as a trademark if it contains any matter likely to hurt religious beliefs of any class or section of the citizens of India. This provision is crucial in ensuring that trademarks do not offend any religious beliefs and sentiments, which are deeply rooted in the diverse culture and society of India.

When a trademark is granted in the name of God, it raises concerns about the commercialization and exploitation of religious symbols and titles. The purpose of trademark law is to provide exclusive rights to the owner, preventing others from using the same mark. However, when it comes to matters of faith, the exclusive rights granted by a trademark can be seen as infringing on the religious rights of the devotees. Section 9(2)(b) of the Trade Marks Act, 1999 ensures that religious symbols are not treated as commodities and prevents the commercialization of religious names.

To explain this, let us consider the example of a Hindu God, Lord Shiva. If a trademark is granted in the name of Lord Shiva, it would mean that normal people and devout followers would not be allowed to use the name of their beloved God. This could be seen as an infringement on their religious freedom and would hurt their religious sentiments. Thus, the provision under Section 9(2)(b) of the Trade Marks Act, 1999 plays a vital role in protecting the faith of the people and ensuring that religious symbols are not exploited for commercial purposes.

Constitution And Registration Of Trademarks In The Name Of God

Moreover, Article 25 of the Constitution of India guarantees the freedom of religion to all citizens. It ensures that individuals have the right to freely profess, practice, and propagate their religion. Granting a trademark in the name of God could potentially restrict the religious freedom of individuals, as it would limit their ability to express their faith through the usage of sacred names and symbols.

In addition to protecting the religious sentiments of the people, the Trade Marks Act,1999 also prohibits the registration of personal names that hold significant religious importance, such as Lord Buddha, Sri Ramakrishna, or Sikh gurus. This provision ensures that idolized religious figures are not objectified or exploited for commercial gains. By disallowing the registration of trademarks that hurt religious sensitivity, the Act seeks to preserve the sanctity and respect associated with such names.

However, it is essential to note that trademark law does not completely bar the usage of divine names or religious symbols in business. It only restricts the exclusive rights granted by a trademark in such cases. For example, the name "Krishna" may be used in a commercial context, but it cannot be monopolized or exclusively owned by a particular entity. This allows for the religious significance of the name to be respected while still allowing for its limited usage in trade and commerce.

The Bhole Baba Milk Food Industries Ltd. vs Parul Food Specialities (P) Ltd

Case can be referred to understand the situation in a better way. The case involves a company called Bhole Baba Milk Food Industries Limited, which has been using the name 'KRISHNA' for its dairy products since 1992. Another company, Parul Food Specialities Private Limited, tried to register the trademark 'Parul's Lord Krishna' in 2009.

The Delhi High Court looked into whether the name 'KRISHNA' was unique enough to be protected as a trademark. They found that since 'KRISHNA' is a common name, it didn't have enough uniqueness to be protected solely for Bhole Baba Milk Food Industries Limited. They also noted that Parul Food Specialities didn't have any bad intentions in using prefixes like "Parul's" and "Lord" alongside 'KRISHNA'.

The Court emphasised that when trademarks consist of common words or descriptive terms, they might not be eligible for exclusive rights. However, they did allow Parul Food Specialities to use their label mark, with specific instructions about the size and prominence of the prefixes "Parul's" and "Lord" in relation to 'KRISHNA'.

Conclusion
While the Trade Marks Act, 1999 provides clear guidelines on the refusal of registration for trademarks that hurt religious sentiments, there have been instances where controversies and legal battles have arisen. These disputes often require a careful balancing of the competing rights of freedom of religion and intellectual property rights.

In conclusion, the question of whether God's name can be trademarked under Indian law raises complex issues surrounding the impact of religious beliefs and intellectual property rights. The Trade Marks Act, 1999, with its provisions under Section 9(2)(b), aims to strike a balance between protecting the religious sentiments of the people and allowing for limited commercial usage of divine names and religious symbols.

By disallowing the registration of trademarks that hurt religious sentiments, the Act safeguards the devotion and respect associated with religious figures and ensures that they are not objectified or exploited for business gains. Ultimately, it is essential to respect and uphold the religious freedom guaranteed under the Constitution of India while also maintaining a fair and balanced trademark procedure.

Are you also looking to get your trademark registered or stuck in any trademark procedure? We are here to help you anytime! We will not only help you register your trademark but also protect your mark at all the stages of registration. For any further clarifications and suggestions, kindly connect on 9988424211 or mail at [email protected].

Frequently Asked Questions
Can I trademark a religious symbol or name?
Trademarking religious symbols or names is possible, but it's subject to certain limitations and considerations. While trademark law allows for the registration of symbols and names associated with religious entities or organizations, it's essential to ensure that the proposed trademark does not offend or disrespect religious sentiments.

What are the factors to consider when trademarking a religious symbol or name?
When considering trademarking a religious symbol or name, it's crucial to assess the potential impact on religious communities and individuals. Factors such as cultural significance, historical context, and prevailing religious beliefs should be carefully considered to avoid controversy or backlash.

Are there any legal restrictions on trademarking religious symbols or names?
Yes, there are legal restrictions on trademarking religious symbols or names, particularly concerning Section 9(2)(b) of the Trade Marks Act, 1999, which prohibits the registration of trademarks likely to hurt religious sentiments. Additionally, trademark applications for names or symbols associated with widely revered religious figures may face trademark opposition or refusal by objection under Section 9.

How can I ensure that my trademark application for a religious symbol or name is successful?
To increase the likelihood of a successful trademark application for a religious symbol or name, it's essential to demonstrate respect for religious beliefs and sensitivities. This may involve consulting with religious leaders and especially trademark attorneys. Trademark attorneys can guide you throughout the procedure of registration of trademark. Moreover, they have knowledge about the sensitivities and legal complexities associated.

What steps should I take if my trademark application for a religious symbol or name faces opposition or refusal?
If your trademark application for a religious symbol or name faces opposition or refusal, it's essential to assess the grounds for objection and consider alternative strategies. This may involve amending the application, providing additional evidence or arguments, or engaging in mediation or negotiation to address concerns raised by opposing parties. Moreover, having the right and experienced trademark attorney on your side can really help you combat opposition.