No one can claim trademark right on holy books: SC

No one can claim the names of holy books and scriptures like Ramayana or Quran and use them as trademarks for selling goods and services, the Supreme Court has ruled.
"There are many holy and religious books like Quran, Bible, Guru Granth Sahib, Ramayan, etc. The answer to the question as to whether any person can claim the name of a holy or religious book as a trademark for goods or services marketed by him is clearly 'No'," a bench of justices Ranjan Gogoi and R K Agrawal said.
It also said that allowing names of gods or holy books to be trademarked could offend "people's sensibilities".

The apex court ruling came on an appeal filed by Bihar- based Lal Babu Priyadarshi, who had sought to trademark the word 'Ramayan' to sell incense sticks and perfumes, against the order of the Intellectual Property Appellate Board (IPAB).
"The word 'Ramayan' represents the title of a book written by Maharishi Valmiki and is considered a religious book of the Hindus in our country. Thus, using exclusive name of the book 'Ramayan', for getting it registered as a trademark for any commodity cannot be permissible under the (Trade and Merchandise Marks) Act," the apex court observed in its 16-page judgement.

The court also objected to pictures used by him on the incense stick packets and said "...The photographs of Lord Rama, Sita and Lakshman are also shown on the label, which is a clear indication that he is taking advantage of Gods and Goddesses, which is otherwise not permitted."

Priyadarshi had submitted before the court that through extensive use, wide advertisement and the excellent quality of the products, the trademark 'Ramayan' and the carton in which the products are sold had become distinctive in such a manner that use of a similar trademark by any other person would cause confusion and deception in the trade and amongst the public. He claimed prior use, averring that he was using the Trademark since 1981.

The court took note of the Eighth Report on the Trade
Marks Bill, 1993, submitted by a Parliamentary Standing Committee, which said any symbol relating to gods or places of worship should not ordinarily be registered as a trademark.
Priyadarshi had come in appeal against the IPAB's decision in favour of one Amritpal Singh, who had contended that 'Ramayan' cannot be registered as a trademark as the name of a religious book cannot be monopolised by an individual.
Priyadarshi had contended that the law does not bar using the name of a religious book as a trademark, and there was no evidence on record to show that feelings of any section of Hindus have been hurt by doing so.

Brushing aside, Priyadarshi's contention, the court said that as per the law, one cannot take advantage of gods and goddesses to sell products.
It also concurred with Singh's arguments that no individual can be given an exclusive right over gods and holy books, especially to make a profit.