Commercializing religion via trademarking God

• Published date: 01 March 2020
• Author: Ankita Aseri
• Date: 01 March 2020
• DOI: http://doi.org/10.1111/jwip.12141

J World Intellect Prop. 2020;23:75–81. wileyonlinelibrary.com/journal/jwip © 2019 John Wiley & Sons Ltd

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DOI: 10.1111/jwip.12141

ORIGINAL ARTICLE

Commercializing religion via trademarking God

Ankita Aseri

National Law University, Jodhpur, India

Correspondence

Ankita Aseri, Fifth Year, B.B.A., LL.B.

(Intellectual Property Rights Hons.), National

Law University, Jodhpur 342008, India.

Email: ankitaaseri09@gmail.com

Abstract

Religion plays a vital role in the life of people. People are

emotionally attached to their religion. But, unfortunately,

the devotion and sentiments of people are misused by

traders by using the name of God or religious marks as their

trademark. Trademark legislations prohibit the use of any

such trademark which is likely to hurt the religious

sentiments of people. But we can still find a number of

goods and services using or registering the religious content

as their trademark. Similarly, temples and trusts are

commercializing merchandizes by using religious sentiments,

symbols, and names. In this study, the researcher will make

an attempt to evaluate the issue of the intersection of

trademark with religious names and symbols in India in light

of section 9(2)(b) of the Indian Trademark Act, 1999.

Further, the researcher will analyze the position on the

subject matter in different jurisdictions around the world

including China, Singapore, the United Kingdom, and the

United States. The research paper will also include the

judicial precedents to provide more clarity on the current

position on the issue of trademarking religious names and

symbols along with principles of legal philosophy.

KEYWORDS

Freedom of religion, Religious marks, Trademark law

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INTRODUCTION

A mark is not merely a way to distinguish the products or services from one person to another but it is the persona

of the institute or corporation to which it belongs. Various countries like India, Singapore, Vietnam, and so forth are

known for their diversity and religious beliefs. Individuals fiercely guard their religious beliefs as it depicts their

persona. Several companies try to exploit the situation by using marks that represent the religious beliefs of