Names of Organizations as Trademark India

Words which describe the nature of an organization are not excluded from registration under Section 9(1)(b) of the Act, unless the words may also serve in trade to describe characteristics of the goods/services. For example, “National Institute for the Disabled” describes an organisation for the services provided by it. Consequently, there is no objection under Section 9(1)(b). In contrast “National Breakdown Service” would be taken to describe not only the organisation but also the characteristics of the services, ie. breakdown services with national coverage. Consequently, these words would be barred from registration under Section 9(1)(b). Further, the presence of the word “National” would give the impression of government patronage, participation or connection with any local authority or body constituted under any law. Therefore, it will be also objectionable under section 9(2)(d) of the Act.