Prateek
Surnames, religion and sect as trademark
Prateek Sharma 15 Dec 2017

Surnames, religion and sect as trademark

The question here is whether in our present era law is that grown enough to provide surname, religion and sect as a trademark. To answer this question a proper understanding of each of these terms is needed. Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors. Now here there are various essentials of a trademark which needs to be completed so as to consider that in trademark.

Under U.S law any surname if attached with some advertising purpose is considered to be a trademark however this is not the case in India as various precedents of Supreme court cases held that surnames cannot be trademarked due to various problems.

Religious symbols on the other hand can be trademarked as long as it doesn’t hurt any sentiments of people whose respected religion comes in. Once one of these religious symbol is used by an individual then other cannot use the same one mere for competitive purposes however without any concern can use for off-competitive purposes any time.

Conclusion

Herewith after a qualitative analysis it can be said that surnames and religious part can be trademarked subject to certain conditions and the nature of surname and religious sects. 


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