“Vardhman” Not Liable To Be Rectified

The trademark regime in India provides for a procedure, whereby a mark may be rectified or varied. An application with such a request may arise for various reasons, including certain grounds that may have attracted rejection of the mark. Examining one such mark, is the case of Vardhman Properties Ltd. v. Vardhman Spinning & General Mills Ltd. & Anr. 2008 (37) PTC 315 (IPAB) whereby the mark "Vardhman" was slated to possess religious connotation and hence was applied to be rectified on the Register.

A rectification application had been filed for the removal of "Vardhman" from the Trade Mark Register. The mark is in use with respect to three trademarks, and the applicants to the same are Directors of a Company of Jains, who closely associate with the life, teaching and sect of "Lord Mahavira", also known as Vardhman. Further, the applicants have ten enterprises under the name Vardhman and have been