class 29 the names of rivers or seas will not be
acceptable.
“Mediterranean” for transport services may be
objectionable. Likewise names of mountains in
respect of agricultural produce will be
considered non-distinctive.
Names of streets such as Wall street, Dalal
street which have strong links with financial
services such as stocks and investments will
entail objections in respect of such services or
related goods.
where there are more than one person
manufacturing the same goods in a place , the name
of that place will be incapable of acquiring a
distinctive character as a trademark[55 RPC 253,
page 260(HL)]
Geographical names used fancifully
Geographical names, used in a fanciful manner,
such as NORTH POLE or MOUNT EVEREST for
bananas, which are not likely to be taken as
Indicating the origin of the goods, can be accepted.
Names of rivers, seas & deserts etc.
The names of rivers, seas, lakes and mountains etc.
are usually accepted prima-facie for goods which
are not associated with these geographical features.
However, “Ganga” or “Kaveri”, the name of rivers,
which are also better known personal names, can be
registered only on the basis of acquired
distinctiveness. Names of rivers, seas and lakes
would not normally be acceptable as marks for fish
or fish products. The names of mountains would
not be acceptable as marks for agricultural produce.
Some rivers flow through heavily industrialized
areas and they would not be acceptable , for
example, "Treated with Ganges water " is a
Common expression. As regards oceans, the
practice is to accept ATLANTIC and PACIFIC, for
goods / services which are not directly relevant, and
used in a fanciful manner. In the case of deserts,
reputation is a factor to be taken into account
.SAHARA would not be accepted for dates, nor
'Surat' and Kalahari" for diamonds.
In respect of natural produce, population figures are
not as reliable a guide to acceptability. Natural
produce would include fresh vegetables, fruits,
eggs, milk, cream, water and minerals but not
processed foods or beverages.
Where the geographical location covers a large area
(even if sparsely populated) and/or has a reputation
in the goods, the application will face an objection.