Numbers Can Be Powerful: Understanding Trademark Rights On Numerals

Hrishabh Daga, O.P. Jindal Global Law School, Sonipat, India

ABSTRACT

Trademark rights in the Indian legal landscape, particularly in relation to numerals, present difficult challenges and considerations. Numerals, with their inherent descriptive nature, frequently lack distinctiveness, which is a key criterion for trademark protection under Indian law. This does not, however, preclude the possibility that numerals may not be trademarkable. Under certain conditions, numerals can acquire distinctiveness and become eligible for trademark protection under the law and by the courts. Furthermore, numeral trademarks may not be generic or customary in the industry to which they belong. The same law and principles apply to numerals as they do to other aspects. As the Indian business sector grows, producers want to protect intellectual property while ensuring smooth operations, while enforcement authorities want to prevent a monopoly on a specific trademark in the hands of a few whiles depriving the rest. The purpose of this article is to examine the framework, challenges, and solutions based on legal precedents surrounding numeral trademarks in India.

Keywords: Trademark, Numerals, Distinctiveness, Generic, Monopoly