trademark

Querist : Anonymous (Querist) 12 October 2010 This query is : Resolved
I am using a mark SRI RAM (label) for goods but mainly for pulses and wheat. Now a cancellation petition has been filed against me before IPAB urging that the name of a god cannot be monopolised in India. I am a prior user and my goods are identified by the mark which is a well known mark of the said goods.

Pls suggest some case laws preferably of supreme court which says that name of he god can be registered for some goods and also can be used.or some similar speaking case laws in my defence.

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aman kumar (Expert) 12 October 2010
you can use the god name but not monopolized that for others as patent as tread mark

Khaleel Ahmed Mohammed (Expert) 12 October 2010
You can use the name .You can registered the name with your trade mark. Then no body can use your trade mark.

R.Ramachandran (Expert) 12 October 2010
I understand yours is a registered trademark.
You need not worry - your trademark "SRI RAM" cannot be cancelled only on the ground that it is GOD's name. In India any name can be related to GOD. There are already several popular trade marks having GOD's names - e.g. Ganesh Beedi, Ambal Snuff, SriKrishna Sweets etc. You can defend your trademark on the ground of prior use.
But in order to protect/defend your trade mark you have to engage a good lawyer - after all the trade mark is quite valuable to you.

M/s. Y-not legal services (Expert) 12 October 2010
Yes. Agree with mr.ramachandran

s.subramanian (Expert) 12 October 2010
When Kaleeswari Oil is allowed to be trade name,why not Sri Ram ? Do not worry. You have a lot of precedents in this regard.

Kirti Kar Tripathi (Expert) 12 October 2010
I also agree with Mr. Ramachandran

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