Acquisition of trademark differs from how other Intellectual property, such as copyright or patents may be legally protected. A trademark cannot be taken in its whole since its nature prevents it. A trademark is something that can only exist in relation to other economic activities. This notion stems from the history of trademark law, at least in part because it evolved as a method to identify a business person’s goods. It was evident that a trademark would have no use or would not even have an existence in the absence of the sale of products.

One of the main aims of trademark law is to prevent consumer confusion, deception, and misunderstanding about the origin of goods. One of the most important aspects of trademark law is public protection. Thus, the law generally protects the seller and the buyer. 


The need for a" distinctive" trademark, is clearly covered by the trademark registration policy. Trademark rights do not have to have distinctive features, regardless of whether or not they are based on the domestic market as well as in a sign, or developed by its owner, by means of marketing; it will be subject to failure. Of course, a trademark must be distinctive if it is to perform the function of identifying the source of the goods, and, for the avoidance of doubt, any fraud or error. A trademark needs to be recognizable, memorable, and to stand out from the other symbols if this is to guard against the confusion about what they are buying.

The criteria for distinguishing trademark rights are the two subjects. This may be the first user to submit a complaint to a user on the site, which is on the label, later, the user has to be a lot like the title of the first user, and will therefore not be representative. The second thing is to set the policy for the control of a dominant position in a market, the market in general or descriptive phrases that are related to the policies and against the property and trademark of the general. In order to prevent the occurrence of these concepts, and their removal from the public sphere and the character is significant, especially since competitors may require access to such words, concepts, symbols, or other devices, and to identify their products.


Section 9 (2), and (c) of the Indian Trademark Act (TM Act) prohibits the registration of a trademark consisting of "objectionable or obscene matter. Outrageous marks for it are the ones that are most likely to be a breach of moral standards. A mark that appears to be offensive, on the surface, will be rejected. Signals, which in turn can lead to an imbalance, or contribute, to any act or other indecent behavior, belong to this category. The purposes of the reservation have to be determined objectively and without any damage.

An objection pursuant to section 9 (2) (c) c) prefer not to be valid in the case of the board, it is just a nuisance, but it needs to be increased, as the sources of anger, rebellion, or punitive damages, religious, family and social values. The fury has to be felt with a certain amount of people. The Examiner must be objective, not subjective, in order to make such an assessment. Objectivity is not so much about the current trends, on what is being sold on the market, but also on the non-imposition of moral standards, while remaining sensitive to the public as a whole. A vulgar mark cannot be used for any of the products or services, and an attacking race is a sign that will be rejected, regardless of any goods or services.

The object will be, and, of course, in the cases in which the goods or services to a primary, or even aimed at children, such as toys, games, sweets, drinks, etc., etc. when it comes to adults or the rough sign. There will be less need to worry about its products that are intended for adults, such as, alcohol, and birth control pills. The decision-making process about a problem needs to be carried out taking into account the circumstances of the case. You need to draw a line between the tag and that's just disgusting, and a label, which led to resentment, which can be, or has been subject to a final conviction for the subversion of the existing religious, family, or social norms.


In contrast to the prohibition on names, and the geographical scope of the prohibition on the registration of immoral, controversial, and of such offensive symbols is not changed by the acquisition of, or of secondary importance, at least up until the point at which the symbol was offensive. Even if it is offensive, the character takes on such a secondary meaning, it may lose its offensiveness, it will be prohibited, such as in the case of a word, it simply needs to be put in order too small, and that it is of the greatest value. Because it is the only form of commercialization of such material, which may be that of the left mark is offensive to fundamentally changes the meaning of the symbol and there is very little chance that the infringing mark is ever likely to be registered with.

In the case of Maqbool Fide, Hussain vs. Raj Kumar Pandey is crucial for a further discussion of obscenity the decision as to the basis for the entry in the spell. The High Court of Delhi has held that the act of tolerance of different points of view and has no negative side effects. It's just a means to become more self-control. With the diversity of points of view, in literature, painting, and other visual media to stimulate discussion. The discussion should not be abandoned. Since the ruling and the theory is, in essence, suggests that the beliefs, actions, or practices, that can be considered to be incorrect, it should not be prohibited or restricted, but they must be conditionally accepted or tolerated, and barriers to entry, this is a decision that supports the theory of the movement.

In 2017, the United States is a registered trademark under the trademark Act of 1946, as amended. (Lanham Act) was rejected in Matal v. Tam. There has to be because it's a trademark called not the ones to judge everyone, alive or dead, it was considered to be obscene. The Supreme court of the United States of America, in this case, is judged that the registration of a trademark shall be refused on the basis of the positions to which your sentence shall take precedence over the others, it is discriminatory and unconstitutional, in the countryside. Due to the nature of the profession of lawyers, with the specific reasons for the denial of a trademark is to be registered, are in violation of the First Amendment's Freedom of speech and Expression. In fact, Lancu Vs. Brunetti, the Court of appeal in the u.s. are held in the same position, stating that the ban is unconstitutional because it is the basis of obscenity, it is subjective and varies from person to person, and noting that, in fact, a challenge to society, it is a subjective view of morality is to be refused registration.


In view of the fact that the legality of the content, you will need to be provided in India, the most important problem that arises in the law enforcement agencies are trying to blur the line between obscenity, for the purposes of the registration of a trademark as a criminal offense under the Indian act, and have their own set of values and beliefs into public policy. Social morality cannot be used as the basis for the prohibition against the registration of a trademark under Article 9(2), (c) has, since its very existence indicates a violation of the fundamental right to freedom of opinion and expression, and it goes beyond the permissible limits. The most difficult part is to determine the standards of ethics, of morality because there is no definition as to refer to it. 

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Damini Nagar
B.A LLB from Indore institution of Law

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