Surname as Trademark in India
In India, surnames can also be registered as trademarks under certain conditions, following the provisions of the Indian Trademarks Act, 1999, and the associated rules and regulations. Here are some key points to consider:
Distinctiveness: Like in other jurisdictions, a surname used as a trademark in India must have acquired distinctiveness in connection with specific goods or services. This means it must have become associated with those goods or services in the minds of consumers.
Secondary Meaning: The applicant must often demonstrate that the surname has acquired secondary meaning through extensive use in commerce. This can be shown by providing evidence of long-term and exclusive use of the surname in connection with the goods or services.
Common or Generic Surnames: Just like elsewhere, there may be limitations on registering common or generic surnames as trademarks in India. Surnames that are too common or generic may not be considered distinctive enough to function as trademarks.
Examination and Approval: Applications to register surnames as trademarks in India will undergo examination by the Trademarks Registry. If the surname meets the requirements of distinctiveness and is not prohibited or objectionable under Indian trademark law, it may be approved for registration.
Consultation: It’s advisable to consult with a trademark attorney or specialist familiar with Indian trademark law and practices to navigate the registration process effectively.
It’s important to understand that trademark laws and practices may change over time, so it’s crucial to refer to the most recent legislation and consult with legal experts for specific advice regarding trademark registration in India
Keywords: IPO, Trademark Cases, Trademark Lawyer in India, Swarupa Ghosh