27/03/2023
"CAN 'FARIDKOT (BAND)' BE REGISTERED AS A TRADE MARK?"
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Yes, one of the Artists group behind the song "Jehda Nasha", the original song, which was later remade for the movie "An Action Hero".
As a general rule, geographical marks cannot be registered as trade marks because they describe a particular place, region, or origin, and are considered to be in the public domain. This means that they cannot be monopolized by any one person or entity.
However, there are some exceptions to this rule. If a geographical name, due to its use by a proprietor, has acquired a distinctive character for its use in connection with certain goods or services (in the present case as a musical Band) it may be eligible for trade mark registration. So, is Faridkot (the city) known for its music and musicians?
A brief search online shows historical reference to the city with Baba Farid, whose name the city has been named after. Other known facts are the monuments in its districts.
So, whether Faridkot, the band's name can be registered as a trade mark would depend on whether it has acquired a distinctive character through their use in connection with their music. If the band has become well-known and the city 'FARIDKOT' is not associated with music, it may be eligible for trademark protection, despite its geographical connotations.
TM Application found through Public Search (believing it's the Band's):
The Application no. 1713910 filed in the name of M/s Inderpreet Singh in Class 41 was filed in 2008 on 'proposed to be used' basis. However, it was refused registration on the grounds of 'non appearance, and that the objections under Section 9 and 11 cannot be waived'.
If the Application is filed again, it would be interesting to note how the law becomes applicable.
It's worth noting that the registration process for geographical marks can be more complicated than for other types of marks, and there may be additional documents required to prove that the mark has acquired secondary meaning.
