Can Religious Symbols Be Registered As Trademarks?

Dec 2022

Are you planning to register religious symbols as trademarks? Well, you should research thoroughly to understand the use of religious symbols as trademarks. You have to consider the sentiments of people before you plan to use regions symbol for your business. India being a secular country encourages different citizen follows different religions, practicing it and yet maintaining complete harmony.

People have great faith in the religion they follow and they are also the believer of rituals, customs, norms and beliefs. Owing to this, the religious symbols are a vital part of religion and people’s belief on it. It can be used as trademark under any cost as people are connected religiously and emotionally with the symbols. Due to these grounds, some trades wish to use it to catch attract of customers on emotional grounds. But can the religious symbol of trademark be registered?

Use of religious symbol as trademarks

As per the trademark act of 1999, section 9, trademark is thoroughly examined before it is registered for the business. The section clause indicates that the trademark cannot be registered as it contains such information or words that may hurt others’ sentiments or emotions. Therefore, the religious symbols are prohibited for any commercial use. It relates to people faith, religious belief, emotion and others that can harm the symbol. Therefore, it cannot be registered and there arises a chance of refusal of such grounds. As the symbols are common, it tends to create confusion among consumers. Also, if one symbol has been registered only one owner can exercise exclusive rights while other opting for the symbol cannot use the rights.

As a result of this, there are different problems relating to the use of religious symbol as trademarks. One such instance is that as per Court, Krishna is name of a deity and it cannot be used for monopoly purpose. This is also the case with other symbols. The main idea behind this is to negate the use of a religious symbol for business purpose. This way, it gets involved in public domain and should not be available for commercial use.

Is religious sign of trademark accepted?

The registration of trademark is controversial and there should be necessary balance between the use of the trademark by the owner and its function. The main idea behind this is to offer protection to the goods and service that the company caters to. Religious signs are part of common use and there can be similarity in the use of marks that the brand owners opt for registration.

According to some law, it permits the religious or commercial organization to use any religious sign as a trademark. However, this type of trademarks registration is applicable as long it does not conflict any interest of others. A sign having secondary meaning may be of great use for trade purpose. So, when choosing religious symbol as trademark for business, you need to make the correct choice. If you register it, make sure that it does not hurt other’s sentiments.

Trending Blogs
Domain Name Disputes in India
Domain Name As Trademarks A domain name which is unique, capable of identifying itself and distinguishing its goods and services from those of others and acts as a reliable source identifier of concerned goods and services on the internet may be registered as a trademark. Domain Name Disputes A domain name dispute would arise when […]
Read More
Well Known Trademark And Indian Law
What is well-known trademark? As per new Trade Mark Rules 2017, a new procedure has been created that allows the Registrar to proclaim a particular trademark as “well known”. Section 2(1)(zg) Of The Trademark Act, 1999 states that well- known trademark is a mark which has become well known to the section of the public […]
Read More
Why Intellectual Property Rights
Intellectual property rights create a situation in which the inventor or the creator enjoys full ownership and rights to commercial exploitation of his creation while everyone else is excluded. The justification is that such a creation, if it has material value, must benefit the creator while preventing others who would otherwise commercially exploit the concept […]
Read More
Need for Kashmiri Saffron to get the GI tag
The Kashmiri Saffron has been given geographical indication tag recently from Lieutenant Governor G C Murmu. The acquiring of GI tag is a step ahead in bringing the brand among the list of top ones. The tag has been given for the saffron grown in Kashmir. In this regard, it can be said that the […]
Read More
The Common Law Protection Of Trade Secrets And The Need For A Statue
Introduction: A trade secret is anything you use in your business that gives you an advantage over your competitors. A trade secret can be a recipe, process, formula, strategy, technique or device that your competitors do not know, do not have, and cannot use. With development in technology, as well as the ease of sharing, […]
Read More
Intellectual Property Rights in the Era of Counterfeit Goods
The industry of counterfeited products has taken shape due to the desire of customers to get hands-on high quality item at reasonable rates. They have great satisfaction in this and this is where the counterfeited goods are made available in the market. Different world markets are full of counterfeited products ranging from cosmetics, electronics, footwear, […]
Read More
Intellectual Property and its Role in the Pharmaceutical Industry
Intellectual property rights are considered to be an important asset of any corporate unit. It is an indication of the creation of mind and the work that makes one entity different from the other. With better IP or intellectual rights, it would be easy to promote the possible innovations and this would be useful in […]
Read More
Drug Patents and Generic Pharmaceutical Drugs
When a drug is manufactured and released to the market in the initial period, it is sold under a certain brand names and can only be availed from a pharmacy after being prescribed by the doctor. The patent of the drug is owned by a few brands who are the only eligible brands to manufacture […]
Read More
An Overview of Copyright
WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]
Read More
Blockchain Technology: Is it Building a Brighter Future
What is Blockchain Technology? The Blockchain is an incorruptible digital ledger of transactions that can be programmed to record virtually everything of value. So a blockchain is a continuously growing list of records called blocks, which are linked and secured. It protects the identities of the users. Although transactions on the blockchain are not completely […]
Read More
X
Download Firm Profile