Written byRahul Roy
Trademark Research Specialist
Overview of Section 14 Objections
Under Section 14 of the Trade Marks Act, 1999, if a trademark application incorporates the name, signature, portrait, or representation of a living person or a person who died within 20 years before the application date, the Registrar of Trade Marks will issue an examination objection. To overcome this objection, the applicant must submit a formal, notarized written consent letter or Consent Affidavit on non-judicial stamp paper from the living individual or all legal heirs of the deceased person, explicitly authorizing the commercial use and registration of the personal name.
Personal names, family surnames, signatures, and ancestral titles form the cornerstone of commercial branding across India—from heritage sweets manufacturers and fashion designer couture houses to multi-specialty hospitals, legal practices, and real estate empires. However, Indian trademark law strictly balances commercial creativity against personal privacy, reputation, and the prevention of public confusion.
When an entrepreneur files a trademark containing a personal name (e.g., “Dr. Roy's Clinic”, “Kapoor Jewelers”, or “Ananya Couture”), the Trademark Examiner scrutinizes whether the mark falsely implies an endorsement, sponsorship, or association with an actual person. UnderSection 14 of the Trade Marks Act, 1999, the registry enforces statutory checks requiring verifiable authorization before granting exclusive monopoly rights.
Failing to respond properly to a Section 14 objection or submitting an unverified consent document leads to application abandonment or refusal. Understand how personal names fit within distinctiveness criteria in our comprehensive analysis oncan you trademark your own name in Indiaandtrademark consent letter and coexistence agreements.
Statutory Text of Section 14
Section 14 of the Trade Marks Act, 1999 is titled“Use of names and representations of living persons or persons recently deceased”and provides as follows:
“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 trade mark, 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 or the use of the name or representation, and may, in default of such consent, refuse to proceed with the application for the registration of the trade mark.”
1. Protection Against False Commercial Association
The primary legislative objective is preventing applicants from unfairly trading upon the goodwill, prestige, or consumer trust associated with an individual without their knowledge or permission.
2. Scope Beyond Word Names (Portraits & Signatures)
Section 14 applies not only to textual names or surnames but equally to artistic representations, photographic portraits, caricatures, monograms, and handwritten signatures of individuals.
3. Discretionary Powers of the Registrar
The Registrar has statutory discretion to demand written proof whenever an application appears to reference an identifiable person. In default of such furnished consent, the Registrar is statutorily empowered to refuse the application.
The 20-Year Rule for Deceased Persons
A distinct feature of Section 14 is the temporal threshold governing deceased individuals. Indian law recognizes that a deceased person's commercial identity and estate rights retain immediate post-mortem significance for two decades:
Death Occurred Within 20 Years
If the individual passed away within 20 years before the trademark filing date, mandatory written consent must be obtained from the executor or all surviving legal representatives.
Death Occurred Over 20 Years Ago
If the individual died more than 20 years before the trademark filing date, Section 14 consent is statutorily exempted. The applicant need not secure legal heir permissions.
Crucial Caveat: Emblems & Names Act & Section 9(2)
Even if a historical luminary or national leader died more than 20 years ago, commercial registration may still be strictly barred under theEmblems and Names (Prevention of Improper Use) Act, 1950orSection 9(2)(b)of the Trade Marks Act (marks likely to hurt religious or cultural susceptibilities). You cannot register marks such as “Mahatma Gandhi”, “Rabindranath Tagore”, or “Chhatrapati Shivaji Maharaj” for commercial goods.
Consent Letter & Affidavit Drafting
A standard informal letter or handwritten email note is insufficient to satisfy the Trademark Registry. The consent document must be executed as a legally binding Consent Affidavit or No Objection Certificate (NOC) compliant with Indian evidentiary laws:
1. Non-Judicial Stamp Paper & Notarization
The consent affidavit must be printed on non-judicial stamp paper of appropriate denomination (typically â‚ą50 or â‚ą100 depending on the state of execution) and attested before a Notary Public or Oath Commissioner.
2. Clear Identification of the Consenting Party
Specify the full legal name, parentage, permanent residential address, age, and official government identity numbers (Aadhaar Card, Passport, or PAN) of the consenting person.
3. Explicit Reference to the Trademark Application
The affidavit must state the exact trademark name/device, application number, trademark class, description of goods/services, and the name and constitution of the applicant entity (Proprietorship, LLP, or Private Limited).
4. Unconditional & Irrevocable Authorization
The affidavit must contain an unambiguous declaration confirming that the affiant has no objection whatsoever to the applicant using and registering the name/likeness, and confirms that such use will not cause public deception.
Legal Heirs Consent Protocol for Deceased
When applying for a trademark commemorating a founder or family patriarch deceased within 20 years. This establishes the authority of the consenting party is critical. Submitting consent from one sibling while excluding others will invite registry refusal or future trademark rectification disputes:
1. Certified Death Certificate
Submit an official death certificate issued by the Municipal Corporation, Registrar of Births and Deaths, or local Gram Panchayat establishing the precise date of demise.
2. Proof of Legal Heirship
Furnish a Surviving Member Certificate, Legal Heir Certificate from the Tehsildar, or Succession Certificate / Letter of Administration issued by a civil court confirming all surviving Class I legal heirs.
3. Joint Consent / NOC
All identified legal heirs must either jointly execute the Consent Affidavit or execute individual notarized No Objection Certificates authorizing the applicant entity to hold trademark ownership.
Personality Rights & Celebrity Trademarks
Section 14 operates as the statutory gateway protecting celebrity personality rights, publicity rights, and privacy rights in Indian trademark prosecution. Unauthorized attempts to trademark celebrity names, stage monikers, or sports personalities are routinely struck down:
Gautam Gambhir v. D.A.P. & Co. (Delhi High Court)
The Delhi High Court affirmed that an individual has a natural, proprietary right in their own name. While a person running a restaurant with the same bona fide personal name may use it honestly under Section 35, they cannot commercially exploit the celebrity aura or mislead the public into believing an endorsement exists.
Titan Industries Ltd. v. M/s Ramkumar Jewellers (Delhi High Court)
The court recognized the right of publicity, holding that when the identity of a famous living personality is used commercially without consent, the celebrity suffers misappropriation of their right to control their commercial likeness.
D.M. Entertainment Pvt. Ltd. v. Baby Gift House (Delhi High Court)
In the landmark Daler Mehndi caricature case, the court held that creating novelty dolls singing and looking like the pop artist without licensing constituted false endorsement and passing off under common law.
Replying to a Section 14 Examination Objection
When the Trademark Registry issues an Examination Report citing Section 14, the applicant has a strict statutory window of30 days(extendable under Section 131) to file a formal written response. Follow this strategic approach based on your factual scenario:
Scenario A: The Mark is the Applicant's Own Name
If your trademark reflects your own personal name or signature, file a self-declaration affidavit affirming that the applicant and the named person are one and the same entity. Attach certified copies of your Passport, Aadhaar, and PAN card. Citing Section 35 (bona fide use of one's own name) reinforces your entitlement.
Scenario B: The Mark Uses a Third-Party Living Person's Name
Submit the formal notarized Consent Affidavit and NOC executed by the living individual on non-judicial stamp paper, accompanied by self-attested identity proofs of the affiant.
Scenario C: The Person Died Over 20 Years Ago
Submit historical evidence, obituary archives, or biographical records establishing that the individual passed away more than 20 years before the filing date. Clarify that Section 14 consent is statutorily inapplicable, and demonstrate compliance with Section 9.
Scenario D: The Name is Coincidental / Arbitrary Word
If the mark happens to coincide with a common first name or surname but was coined arbitrarily (e.g., “AURA”, “NOVA”, or “MAX”), submit written submissions explaining the conceptual origin of the mark and demonstrating that it does not falsely suggest any connection with any identifiable individual.
Name Trademark Categories Comparison
The table below outlines the statutory requirements, consent protocols, and evidentiary thresholds for different personal name scenarios under Indian trademark practice:
| Name Category | Section 14 Applicable? | Required Documentation | Key Risk Factors |
|---|---|---|---|
| Applicant's Own Name | Examiner Discretion | Self-declaration affidavit + Passport/PAN proof | Section 9(1)(a) surname distinctiveness challenge |
| Third-Party Living Person | Mandatory Yes | Notarized Consent Affidavit on Stamp Paper + ID Proof | Personality rights infringement & refusal |
| Deceased Person (<20 Yrs) | Mandatory Yes | Death Certificate + Heirship Proof + Legal Heirs NOC | Family dispute / excluded heir rectifications |
| Deceased Person (>20 Yrs) | Exempted | Historical date of death documentation | Emblems & Names Act & religious sensitivity |
| Fictional / Mythological Character | No (Not a person) | Coined mark explanation & public domain source | Third-party copyright or character merchandising rights |
Section 14 Compliance Action Checklist
Execute this verified checklist to eliminate procedural defects and secure registration for personal name marks:
- Examine Name Provenance:Ascertain whether the mark constitutes an applicant name, living third party, recently deceased founder, or arbitrary word.
- Execute Non-Judicial Stamp Affidavit:Draft the formal consent on stamp paper of appropriate state value and complete public notarization.
- Collect Government ID Proofs:Obtain self-attested copies of Aadhaar, Passport, or PAN card of the consenting person or legal representatives.
- Verify All Legal Heirs:For deceased founders (<20 yrs), attach the Death Certificate and Legal Heir Certificate signed by all surviving members.
- Submit Online via Form TM-M:File the comprehensive written reply and supporting documents through the IP India e-filing portal within 30 days.
Frequently Asked Questions
Q.What is Section 14 of the Trade Marks Act, 1999?
Section 14 of the Trade Marks Act, 1999 regulates trademark applications that falsely suggest a connection with any living person or a person who died within 20 years before the application date. In such cases, the Registrar of Trade Marks requires the applicant to submit the written consent of the living individual or the legal representatives of the deceased person before proceeding with registration.
Q.What is the 20-year rule under Section 14 for deceased persons?
The 20-year rule stipulates that if a trademark incorporates the name or representation of a person who passed away within 20 years before the trademark filing date, mandatory written consent from all legal heirs or executors is required. If the individual passed away more than 20 years before the filing date, Section 14 consent is not statutorily required, though the mark must still comply with Section 9 and the Emblems and Names Act, 1950.
Q.Can I register my own personal name as a trademark without Section 14 objection?
Yes. An individual can register their own personal name or signature. If the Trademark Registry issues an examination objection under Section 14 assuming the mark refers to a third party, the applicant can overcome it by submitting a self-declaration affidavit, government identity proof (such as Passport, PAN, or Aadhaar), and confirming that the applicant is the named individual.
Q.What format is required for a Section 14 written consent letter or affidavit?
The consent must be executed as a formal Consent Affidavit or No Objection Certificate (NOC) on non-judicial stamp paper of appropriate value and duly notarized. It must clearly state the full legal name and address of the consenting individual, the exact trademark name/logo, the trademark application number and class, and an explicit, irrevocable grant of permission to use and register the name/portrait.
Q.What documents must legal heirs submit if the named person is deceased?
Legal heirs must provide: (1) A notarized Consent Affidavit signed by all surviving legal heirs, (2) A certified copy of the Death Certificate, and (3) Legal proof of heirship, such as a Surviving Member Certificate, Legal Heir Certificate issued by the Revenue Authority/Tehsildar, or a Probate/Succession Certificate issued by a competent Civil Court.
Q.Can I trademark a historical figure or national leader without consent?
If the historical figure died more than 20 years ago, Section 14 consent is not applicable. However, names and representations of national leaders (e.g., Mahatma Gandhi, Jawaharlal Nehru, Sardar Patel, Shivaji Maharaj) and national emblems are protected against commercial exploitation under the Emblems and Names (Prevention of Improper Use) Act, 1950 and Section 9(2) of the Trade Marks Act, 1999.
Q.How do celebrity personality rights interact with Section 14?
Celebrity personality and publicity rights prevent unauthorized commercial exploitation of a celebrity's name, voice, likeness, signature, or moniker. Filing a trademark containing a celebrity's name without their express written authorization triggers an immediate refusal under Section 14, alongside potential passing-off lawsuits and civil damages in the High Court.
Q.How do I file the Section 14 consent letter on the IP India portal?
The consent affidavit and supporting identity or succession documents must be submitted online through the IP India e-filing portal. The applicant's trademark attorney uploads the documents as an attachment to the formal Written Reply to the Examination Report, or files them via Form TM-M under Miscellaneous Request along with the prescribed statutory fee.
Strategic Section 14 Name Trademarking Advice
Trademarking personal names, founder legacies, and heritage signatures is a powerful strategy to build emotional resonance and enterprise value. However, statutory compliance under Section 14 is non-negotiable. Securing proper consent affidavits and legal heir clearances at the filing stage prevents costly delays, show-cause hearings, and post-registration rectification battles.
Partner with seasoned trademark attorneys to draft airtight consent affidavits, navigate Section 14 examination reports, and protect your intellectual property assets across India. For related procedural guides, explore our resources onhow to respond to trademark examination reports,trademark user affidavit rules, andForm TM-48 Power of Attorney rules.
Resolve Section 14 Trademark Objections Fast
Draft legally binding Consent Affidavits, compile legal heir documentation, and file expert written replies with the Trade Marks Registry.
Registered Trademark Attorneys • Consent Affidavits • Legal Heir Approvals • Pan-India Representation