Case Note & Summary
The appeal was filed against the order of the Intellectual Property Appellate Board which set aside the Assistant Registrar's decision to allow the registration of the trade mark 'RAMAYAN' by the appellant, Lal Babu Priyadarshi. The appellant, trading as M/s Om Perfumery, sought to register 'RAMAYAN' for incense sticks and perfumeries, claiming extensive use since 1981. The respondent, Amritpal Singh, opposed the registration, arguing that 'RAMAYAN' is the name of a religious book and cannot be monopolized. The Assistant Registrar initially dismissed the opposition, but the Board reversed this decision, stating that the mark lacked distinctiveness and was widely used by over 20 traders, thus becoming public juris. The appellant contended that the mark had acquired distinctiveness through use and that the Board misinterpreted legal precedents. The respondent argued that the mark was not distinctive and that its registration would confuse consumers. The court analyzed the distinctiveness of the mark under Section 9 of the Trade Marks Act, emphasizing that names of religious books cannot be registered as trade marks. The court concluded that the appellant failed to prove that 'RAMAYAN' had acquired a reputation in the market, as it was commonly used by many traders. The appeal was dismissed, affirming the Board's decision and leaving the parties to bear their own costs.
Headnote
A) Trade Marks - Registration Refusal - Prohibition of Religious Names - Trade Marks Act, 1999, Section 9(2) - The court held that the registration of the word 'RAMAYAN', being the name of a religious book, is prohibited as it cannot become the subject matter of monopoly for an individual. The mark is not distinctive and has become public juris due to its use by multiple traders (Paras 18-19).
Issue of Consideration
Whether the registration of the word 'RAMAYAN' as a trade mark is prohibited under Section 9(2) of the Trade Marks Act, 1999?
Final Decision
The Supreme Court dismissed the appeal, affirming the Board's decision that 'RAMAYAN' cannot be registered as a trade mark due to its religious significance and lack of distinctiveness.
Law Points
- Trade Marks Act
- 1999
- registration refusal
- distinctiveness
- public juris
- religious sentiments
