Symbolic Sari of Charity is now a Registered Trademark in India

Written By: Rojalin Dhal

Ever wondered if a sari could be protected under Intellectual Property Rights? Well, a Kolkata based leading lawyer of India, Mr. Biswajit Sarkar has made this possible by registering the blue and white pattern sari worn by the nuns of MOC, with the Indian Trademark Registry. The Trademark Registry has registered this blue bordered white sari, which symbolizes Mother Teresa and is a token of charity throughout the world, as a colour trademark under the Trademark Act 1999.This blue bordered sari of MOC, which was founded by Mother Teresa has a very unique story behind it. It is said that during her visit to Darjeeling, Saint Teresa had a spiritual encounter with Christ where Christ urged her to serve for the poor by converting herself to a nun dressed in a simple and poor Indian sari, which would be considered as symbol of Jesus. Missionaries of Charity (MOC) is a religious congregation that was founded in 1950 and as of now it has 4500 nuns who are providing free service to the poor and needy in many parts of the world.

The application for the protection of the blue-white pattern of the sari with reference to be used for stationary, textile and religious and charitable services was made on December 2013 and it was granted registration on September 2016, just few hours before Mother Teresa was canonized as Saint. However, this fact was never highlighted to the common people. The reason behind this as said by the IP Attorney Biswajit Sarkar, is that the missionaries were never keen on punishing people. But, with the emerging unfair usage of the said blue-white pattern, it was decided to raise awareness among the people about the exclusive rights of such pattern and thereby protect the identity and purity of the organisation.

The pattern of the sari granted protection depicts the pattern of a white sari with 3 blue stripes, two thin followed by a broader one. The saris are not available at normal market place. It is woven and stitched by leprosy patients at a home run by MOC at Titigarh, North 24- Parganas. With the IP Protection, this pattern can now be used exclusively by the nuns of MOC and can no longer be used in any attributes, stationary or for providing any religious or charitable services, without the consent or approval of MOC.

It is a commendable effort undertaken by Mr. Biswajit Sarkar because this is for the first time in the country that a uniform has been protected under the Intellectual Property Rights. It has also led to a new regime in the trademark history. Recently, the Taj palace hotel of Mumbai gained attention by being the first ever building in the Country to be granted trademark protection over its architectural design. And now this sacred sari used by the MOC’s Nuns. This back to back unfolding of new concepts in Trademark protection in the Country which has widened the area of trademark protection and it shows that the scope of trademark is much wider than it appears.

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