Odisha Moves to Trademark Jagannath Temple Identifiers Amid Naming Dispute with West Bengal

In a legally significant move, the Odisha government is preparing to register trademarks for words and symbols closely tied to the Shree Jagannath Temple in Puri, such as Jagannath Dham and Shree Mandira. This action follows West Bengal’s naming of a new temple in Digha as Jagannath Dham, which Odisha views as a dilution of its religious and cultural identity.

The initiative is being carried out through the Shree Jagannath Temple Managing Committee (SJTMC), invoking the Trade Marks Act, 1999, particularly:

Section 2(zb): Defines a trademark as any sign capable of distinguishing the goods or services of one from those of others, which includes names, symbols, and images.

Section 11(1): Provides grounds for refusal of registration if the mark causes confusion with an earlier trademark, including one with acquired distinctiveness.

Section 9(2)(b): Restricts registration of marks that deceive the public or cause confusion, especially in religious or cultural contexts.

Odisha’s application seeks to establish that terms like Jagannath Dham are not generic but have acquired distinctive association with Puri’s 12th-century shrine, backed by historical usage, religious significance, and institutional recognition. The state argues that the use of these terms by another temple, even in a different state, could mislead devotees and commercially exploit the temple's established reputation.

This move also aligns with UNESCO’s framework on safeguarding intangible cultural heritage, highlighting the growing trend of Indian states using IP law to preserve local traditions.

However, trademarking religious terms is not without legal complexity. Courts have earlier held that public interest, religious sentiment, and potential monopolization of shared cultural symbols must be balanced.

The Indian Trade Marks Registry has previously rejected attempts to trademark purely religious or devotional terms unless there is clear evidence of acquired distinctiveness tied to a particular source. If Odisha succeeds, this could set a national precedent for how state governments and religious institutions legally protect cultural identifiers, potentially opening the door to similar claims by other temples and heritage sites across the nation.