trade mark
Suchitra. S
(Querist) 24 April 2011
This query is : Resolved
Respected experts, I have a client who wants to register trade mark under the name "Velankani" with a geometrical design logo along with. The trade mark people have objected to this saying name of a place like "Velankani" cannot be registered unless any suffix is attached. Client does not want to add any. So, are there any case laws to say our trade mark "Velankani" is distinct as we have a logo along with name? Please answer this as this is very urgent for me. Have to file objections on this.
M V Gupta
(Expert) 25 April 2011
Pl see the Geographical Indication of Goods (Registration and Protection) Act, 1999 which came into force wef 15-09-2003. Unless the word Velankani is inclded in the prohibited items in the Schedule to the Act, it cannot be refused to be registered, if necessary with a rider that the registration shall not give any exclusive right to the applicant. Also see the Delhi HC decision in the case of Mount Everest Vs, Bisleri India Ltd. Reported in Economic RTimes dt. 17-02-2011.
Suchitra. S
(Querist) 25 April 2011
Thank you very much Gupta ji for your case law.
Guest
(Expert) 29 April 2011
Yes, if velankani is the name of a place that cannot be registered as a trade mark. If that would not have been there even Delhi, Mumbai, Chennai, Kolkata would have become trade marks of some USA company and you could not use their names as they are at present.
Indian Trade mark Act is quite clear on this issue.
