Use of names and representations of living persons or persons recently dead as a Trademark.
Usually number of people using name of living persons or persons recently dead as business name but can we register such name as a Trademark?
As per trademark act 1999 Where an application is made for the registration of a trade mark which falsely suggests a connection with any living person, or a person whose death took place within twenty years prior to the date of application for registration of the trademark, the Registrar may, before he proceeds with the application, require the applicant to furnish him with the consent in writing of such living person or, as the case may be, of the legal representative of the deceased person to the connection appearing on the trade mark, and may refuse to proceed with the application unless the applicant furnishes the registrar with such consent.
So if you want to register a trademark which suggest a connection with any person whose death took place more than 20 years ago, we will not require to furnish any consent to registrar otherwise we will require to furnish a consent in writing of such living person or, as the case may be, of the legal representative of the deceased person to the connection appearing on trademark.
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