Today, On 26th March, A plea filed in the Delhi High Court seeking a ban on the registration of trademarks using the name “Osho.” The court has requested responses from the Central government and the Trademark Registry regarding the matter. The petition was submitted by Osho Friends International, an association of the philosopher Osho’s disciples. The case could impact the commercial use of Osho’s name and legacy.
New Delhi: Osho Friends International, an organization of disciples of the philosopher Osho, approached the Delhi High Court on Wednesday, requesting that the registration of trademarks containing the name “Osho” be disallowed.
The petition seeks directions for the Trademark Registry to include “Osho” in the list of prohibited marks that are not eligible for registration. Justice Saurabh Banerjee requested responses from both the Central government and the Trademark Registry regarding the plea.
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The Court instructed,
“Through this petition, the petitioner seeks direction to add ‘Osho’ to the list of prohibited marks. Issue notice. In the meantime, the parties should also submit written submissions not exceeding three pages,”
Prohibited marks are symbols, words, or designs that cannot be legally registered or used as trademarks due to various legal, ethical, or policy considerations.
The specific restrictions on prohibited marks differ by jurisdiction, but they typically include:
- Government Symbols and Flags: Marks featuring 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 include obscene, immoral, or offensive language, imagery, or references to sensitive social issues.
- Deceptive Marks: Trademarks that mislead consumers regarding the nature, quality, or origin of a product or service.
- Generic or Common Terms: Common words or phrases that are too broad to be trademarked (e.g., attempting to trademark “Water” for bottled water).
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- Descriptive Marks (Without Secondary Meaning): Terms that merely describe a product (e.g., “Cold Ice Cream”) without having acquired distinct recognition.
- Names of Living Individuals (Without Consent): Using a person’s name, particularly a well-known one, without their permission.
- Religious Symbols: In some jurisdictions, the registration of religious symbols or sacred terms is prohibited.
- Geographical Names: Marks that consist of geographic locations, especially if they could mislead consumers about the product’s origin (e.g., using “Champagne” for non-French sparkling wine).
- Marks Identical or Confusingly Similar to Existing Trademarks: Trademarks that closely resemble or replicate registered trademarks.
Additionally, religious figures and symbols are strictly safeguarded against trademark registration.
This encompasses the names and images of prominent figures such as Lord Buddha, Shree Sai Baba, Sri Ramakrishna, Swami Vivekananda, Sikh Gurus (including 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), as well as Lord Venkateswara/Balaji.
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These restrictions are in place to honor religious sentiments and prevent the commercialization of sacred figures and symbols.
Senior Advocate Abhishek Malhotra, representing Osho Friends, argued that Osho has a substantial following comparable to some of the names already on the list of prohibited marks. He therefore requested that “Osho” be added to this list. The Court has asked for a response from the Trademark Registry, and the case is expected to be heard in July 2025.
Interestingly, Osho Friends is currently embroiled in a dispute with the Osho International Foundation regarding the copyright of his works.
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