Can a State Name Be Used in a Trademark?

1. Trade Marks Act, 1999 - Section 9 (Absolute Grounds for Refusal)

• A trademark will not be registered if it is generic or descriptive in nature.
• Geographical names (including state names) used directly will be refused if they can mislead consumers about the place of origin.

2. Emblems and Names (Prevention of Improper Use) Act, 1950

• Names and emblems of the Central or State Government cannot be used in trademarks.

3. Geographical Indications (GI) Act, 1999

• Some state-related names are already protected as Geographical Indications (GI).
• Such GI names cannot be used as a private trademark.

4. When Use of State Names Is Allowed

State names (Kerala, Tamil Nadu, etc.) are not fully banned in trademarks.
You may use them if:

• The name is combined with another distinctive word or logo.
• It does not imply any government connection.

Examples:

• “Kerala Spices House®” - ✔️ Allowed
• “Tamilnadu Jewels®” - ✔️ Allowed
• “Kerala Government®” - ❌ Not allowed

Summary of Rules

Using state names in trademarks:

• ❌ Cannot be registered alone
• ❌ Cannot appear as if related to the Government
• ❌ Cannot use names already registered as GI
• ✔️ Allowed when combined with additional distinctive elements (word/logo)

Trademark Registration Analysis for “Kerala Classic Cruise and Tour Operators”

1. Use of the word “Kerala”

• “Kerala” is a geographical name and cannot be registered by itself.
• Under Section 9(1)(b) of the Trade Marks Act, purely geographical names are considered descriptive.
• But when combined with a distinctive term, it may be allowed.

2. Descriptive Nature of the Service

• “Cruise and Tour Operators” is a purely descriptive phrase.
• Descriptive names alone are not registrable, but adding “Kerala Classic” gives it a distinctive character, improving the chance of registration.

3. Distinctiveness Requirement

• To be granted a trademark, the name must be distinctive.
• Using a logo or stylized design strengthens distinctiveness.

4. Possible Objection from Trademark Registry

• The registry may raise a Section 9 objection, claiming the name is descriptive because of:
• But the applicant can respond that the entire name together is distinctive and not commonly used.
• With proper justification, the application can be accepted.

Conclusion

You can apply for trademark registration of “Kerala Classic Cruise and Tour Operators.”

• “Kerala” alone cannot be registered ❌
• Full name with distinct elements + logo can be registered ✔️
• Even if an objection arises, it can be cleared with the right response.
• Registering both Word Mark and Logo Mark ensures stronger legal protection.

Practical Recommendations

1. Apply for Word Mark:
   “Kerala Classic Cruise and Tour Operators”
2. Apply for Logo/Device Mark:

For Assistance

Dr. Muhammed Mustafa C T
Senior Tax Consultant, BRQ Associates
???? +91 96331 81898
???? brqassociates@gmail.com
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