trademark of god photo

This query is : Resolved 
 

(Querist)
12 September 2009

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

Adinath@Avinash PatilOnline (Expert)
12 September 2009

Mr.Manish thanks for detail information.riven

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



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :









×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Muslim Personal Law     |    x