Prohibited Trademarks in India: What You Need to Know

Trademarks help businesses stand out, but not all names or logos are allowed. The Trade Marks Act, 1999, bars registration of marks that are scandalous, obscene or against public morality.

What the Law Says

As per Section 9(2)(c) of the Act, any trademark that:

Contains offensive or obscene content
Hurts religious sentiments
Misleads consumers
Promotes unethical behavior
can be rejected.

Types of Prohibited Trademarks

Scandalous Marks – Use offensive language, insult religion, or promote illegal acts.
Obscene Marks – Contain vulgar or sexually explicit content.
Immoral Marks – Encourage violence, drug use or other unethical conduct.

Authorities assess these based on public perception, cultural norms, and past rulings.

Examples of Rejected Marks

FCUK – Rejected for resembling a vulgar term.
Cannabis/420 – Refused due to links with drug use.
Dirty Bastard (Beer) – Considered offensive for public branding.

When Objections Were Overturned

Some marks, like BIG BOOBS, NANGA PUNGA, and ALL INDIA BAKCHOD, were approved after weak or vague objections, showing that context matters.

The CHUTIYARAM case shows that even approved marks can be withdrawn later if deemed offensive.

If Your Trademark Is Rejected

You can:

Appeal the decision
Modify the mark
Explain its non-offensive meaning
Seek legal review if rejection is arbitrary

Final Tips

To avoid rejection:

Keep trademarks clean, respectful, and creative
Stay clear of slang, profanity, or sensitive topics
Consult a Trademark Attorney for expert guidance