Supreme Court has held that a person could claim the names of holy or religious book as a trademark for his goods or services.
A recent judgement delivered by a bench of Justices Ranjan Gogoi and R.K. Agrawal on a dispute regarding a Patna-based trader Lal Babu Priyadarshi, who filed for a trademark by the name ‘Ramayan’ for his incense sticks and perfumeries.
Rejecting the trader’s plea for the choice of name, Justice Agrawal wrote that the word Ramayan represents the title of a religious book.
The judges referred to the Eighth Report on the Trade Mark Bills 1993 and said that in that document the committee had expressed its opinion, saying that any symbol relating to gods, goddesses, places of worship could not be ordinarily registered as anyone’s trademark.
The court referred to how the trader from Patna also had photographs of Lord Rama, Sita and Laxman shown on the label, taking it as a “clear indication of the gods, and goddesses, which is otherwise not permitted”.