trademark of god photo
chandranil S Belvlakar
(Querist) 12 September 2009
This query is : Resolved
Dear friends,
can the photo of god be taken as trade mark in specific pose for the product of the company if it is not allowed which provision disallowesriven
Manish Singh
(Expert) 12 September 2009
section 9(2) A mark shall not be registered as a trade mark if -
(a) it is of such nature as to deceive the public or cause confusion;
(b) it contains or comprises of any matter likely to hurt the religious
susceptibilities of any class or section of the citizens of India;
(c) it comprises or contains scandalous or obscene matter;
(d) its use is prohibited under the Emblems and Names (Prevention of
Improper Use) Act, 1950.
(3) A mark shall not be registered as a trade mark if it consists exclusively of -
(a) the shape of goods which results from the nature of the goods
themselves; or
(b) the shape of goods which is necessary to obtain a technical result; or
(c) the shape which gives substantial value to the goods.
Explanation : For the purposes of this section, the nature of goods or services in
relation to which the trade mark is used or proposed to be used shall not be a
ground for refusal of registrationriven
Sachin Bhatia
(Expert) 13 September 2009
Well replied Mr. Manish.riven
Guest
(Expert) 23 September 2009
Mr.Manish's reply is apt. However, if your trade mark of a god photo does not fall in either of the restrictions mentioned in Section 9(2), it is capable of being applied for. In many a trade marks journals, god's photo, together with company's name or tagline, is advertised. For further and detailed clarifications, you may contact at 9845702459.riven
Guest
(Expert) 23 September 2009
Mr.Manish's reply is apt. However, if your trade mark of a god photo does not fall in either of the restrictions mentioned in Section 9(2), it is capable of being applied for. In many a trade marks journals, god's photo, together with company's name or tagline, is advertised. For further and detailed clarifications, you may contact at 9845702459.riven
