Case Study Of Bhole Baba Milk Food Industries In India
NIRMA UNIVERSITY
INSTITUTE OF LAW
A PROJECT SUBMITTED FOR THE PARTIAL FULFILLMENT OF THE FIVE YEARS INTEGRATED DEGREE OF LAW HONOURS
ON
RELIGION IN TRADEMARKS: HOW FAR POSSIBLE
IN THE COURSE OF
TRADEMARK LAW
UNDER THE GUIDANCE OF
Mr. ANAND KUMAR SHINDHE
SUBMITTED BY
GAURAV PARIHAR
B. COM. LL.B (Hons.)
SEMESTER VII
SECTION B
11BBL080
INTRODUCTION
The basic structure of the Constitution of India includes “socialist” as one of the feature of the country. With socialist, it provides freedom to religion to every citizen under Article 25 along with freedom of conscience and free profession, practice and propagation of religion . With every religion, there are a number of spiritual methods and customs associated which are performed by …show more content…
Parul Food Specialities , stating that the name of any deity of any religion (as the case may be) should not be registered by the Registrar of Trademarks in any case as it is depicted publicly with the faith of public in that particular God. Every God or religious beliefs are followed and worshiped by a number of devotees which makes the mark common for all and not only for the Trust. Therefore in such cases, the name or image of any deity belonging or rather followed and believed by public is by default in the public domain and as per the genesis of Intellectual Property Regime, such marks cannot …show more content…
Lal Babu Priyadarshi and Anr. , the appeal was made before the Appellate Board in form of objection during the course of registration objecting the registration of the term 'Ramayan' which is name of holy book of the Hindu religion, which was applied for registration with the device of crown. The Intellectual Property Board found in this case that usage of the term Ramayan is widespread as a trademark for the same type of products falling under the same class in different parts of India and therefore the word is common and in the public domain due to which there is no distinctive meaning as such attached to the word of the products of the respondent. The Board held that such words which are having a descriptive meaning attached to it and that particular meaning is associated with the religious sentiments and beliefs of a large section of the Indian society and therefore under this appeal, the registration which was granted earlier was set aside by the
INSTITUTE OF LAW
A PROJECT SUBMITTED FOR THE PARTIAL FULFILLMENT OF THE FIVE YEARS INTEGRATED DEGREE OF LAW HONOURS
ON
RELIGION IN TRADEMARKS: HOW FAR POSSIBLE
IN THE COURSE OF
TRADEMARK LAW
UNDER THE GUIDANCE OF
Mr. ANAND KUMAR SHINDHE
SUBMITTED BY
GAURAV PARIHAR
B. COM. LL.B (Hons.)
SEMESTER VII
SECTION B
11BBL080
INTRODUCTION
The basic structure of the Constitution of India includes “socialist” as one of the feature of the country. With socialist, it provides freedom to religion to every citizen under Article 25 along with freedom of conscience and free profession, practice and propagation of religion . With every religion, there are a number of spiritual methods and customs associated which are performed by …show more content…
Parul Food Specialities , stating that the name of any deity of any religion (as the case may be) should not be registered by the Registrar of Trademarks in any case as it is depicted publicly with the faith of public in that particular God. Every God or religious beliefs are followed and worshiped by a number of devotees which makes the mark common for all and not only for the Trust. Therefore in such cases, the name or image of any deity belonging or rather followed and believed by public is by default in the public domain and as per the genesis of Intellectual Property Regime, such marks cannot …show more content…
Lal Babu Priyadarshi and Anr. , the appeal was made before the Appellate Board in form of objection during the course of registration objecting the registration of the term 'Ramayan' which is name of holy book of the Hindu religion, which was applied for registration with the device of crown. The Intellectual Property Board found in this case that usage of the term Ramayan is widespread as a trademark for the same type of products falling under the same class in different parts of India and therefore the word is common and in the public domain due to which there is no distinctive meaning as such attached to the word of the products of the respondent. The Board held that such words which are having a descriptive meaning attached to it and that particular meaning is associated with the religious sentiments and beliefs of a large section of the Indian society and therefore under this appeal, the registration which was granted earlier was set aside by the