Plea before Delhi High Court to disallow registration of trademarks with name Osho

Osho Friends International, an association of disciples of philosopher Osho, on Wednesday moved the Delhi High Court to disallow registration of trademarks with the name 'Osho'.The petition was filed seeking directions to the Trademark Registry to add 'Osho' to the list of prohibited marks which will not be open for registration. Justice Saurabh Banerjee sought the response of the Central government and the Trademark Registry to the plea."By virtue of the present petition, the petitioner seeks a direction to include Osho within the list of prohibited marks. Issue notice. In the meanwhile the parties will also file written submission not exceeding 3 pages," the Court directed..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..Senior Advocate Abhishek Malhotra, who appeared for Osho friends, argued that Osho has a large number of followers akin to certain names mentioned in the existing list of prohibited marks. He therefore sought directions to include 'Osho' in the list of prohibited marks. .The Court sought the response of Trademark Registry. The case is now likely to come up for hearing in July 2025. .Interestingly, Osho Friends is involved in a dispute with Osho International Foundation over the copyright of his work.