Priya wants to start the trading of incense sticks (agarbattis, dhoops) and perfumeries as M/s Priya Perfumery. She made an application to the Registrar of Trade Marks to register a trade mark by name "RAMAYAN". State wi

No, Priya will not succeed in registering such a Trade Mark under the Trade Marks Act, 1999. According to Section 9(2) of the Trade Marks Act, 1999the following trademark shall not be registered: If the trademark tends to deceive the public or cause any confusion, In any instance if the trademark hurts any religious sentiment of any demographic section of Indian citizens, It comprises or contains scandalous or obscene matter, Its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950. In the case of Amritpal Singh vs. Lal Babu Priyadarshi 2005 (30) PTC 94, Intellectual Property Appellate Board (IPAB) the word RAMAYAN was refused registration on the grounds that: Firstly, it was not capable of distinguishing the goods of the applicant and secondly, that it was likely to hurt religious sentiments of a class of society.