The Delhi High Court on Wednesday sought response from the Government of India and the Trademark Registry on a petition filed by an association of the disciples of philosopher Osho, seeking the addition of mark Osho to the list of prohibited trademarks, which were not open for registration.
The single-judge Bench of Justice Saurabh Banerjee directed the parties to file a written submission not exceeding three pages on the matter and listed the matter for further hearing in July 2025.
Appearing for petitioner Osho Friends International, Senior Advocate Abhishek Malhotra argued that Osho had a large number of followers akin to certain names mentioned in the existing list of prohibited marks.
Prohibited marks refer to symbols, words or designs that cannot be legally registered or used as trademarks due to various legal, ethical or policy reasons. The restrictions on prohibited marks vary by jurisdiction but they generally include:
Government Symbols and Flags – Marks that include national flags, official emblems, or insignias of a country (e.g., the U.S. Presidential Seal, the Red Cross emblem).
Scandalous or Offensive Marks – Trademarks that contain obscene, immoral, or offensive language, imagery, or references to sensitive social issues.
Deceptive Marks – Trademarks that mislead consumers about the nature, quality, or origin of a product or service.
Generic or Common Terms – Common words or phrases that are too broad to be claimed as a trademark (e.g., trying to trademark “Water” for bottled water).
Descriptive Marks (Without Secondary Meaning) – Words that simply describe a product (e.g., “Cold Ice Cream”) without having gained distinct recognition.
Names of Living Individuals (Without Consent) – Using a person’s name, especially a famous one, without their permission.
Religious Symbols – Some jurisdictions prohibit the registration of religious symbols or sacred terms.
Geographical Names – Marks that consist of geographic locations, especially if they could mislead consumers about product origin (e.g., “Champagne” for a non-French sparkling wine).
Marks Identical or Confusingly Similar to Existing Trademarks – Trademarks that closely resemble or copy existing registered trademarks.
Religious figures and symbols are strictly protected from trademark registration.
This includes the names and images of Lord Buddha, Shree Sai Baba, Sri Ramakrishna, Swami Vivekananda, Sikh Gurus (Guru Nanak, Guru Angad, Guru Amar Das, Guru Ram Das, Guru Arjun Dev, Guru Hargobind, Guru Har Rai, Guru Har Krishan, Guru Teg Bahadur, and Guru Govind Singh), and Lord Venkateswara/Balaji. These restrictions ensure that religious sentiments are respected and prevent the commercialisation of sacred figures and symbols.
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