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Trademark Registration  


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I am a Businessman and want to register my trademark (UNDER CLASS 21) same as my firm name i.e. OM. I got to know that I can't register OM Brand as my Trademark because it's a religious symbol. But there is so many other Trademark available with the same name in other classes.
Since my firm name registered with OM and I want to register my brand name only with the same name, is there any way to get the Trademark with OM.
Please advice.
Thanks in advance.

Edited: 4 months  ago

A religious symbol cannot be used for trademark registration. As per sec 9(2)(b) of The Trade Marks Act, 1999, a mark shall not be registered as a trademark if it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India.

In Lal Babu Priyadarshi v. Amritpal Singh, Supreme Court held that gods, religious text can't be trademarked. Go to this link  http://courtverdict.com/supreme-court-of-india/lal-babu-priyadarshi-vs-amritpal-singh

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Yes,  you can, if someone else hasn't obtained the same under the same class.

 
  
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