Can Numbers Be Trademarks?
When we think about trademarks, we usually imagine brand names, logos, or slogans. But did you know that even numbers can be trademarks? In India, this idea was recently discussed in a very important case: Vineet Kapur vs. Registrar of Trade Marks (decided on April 25, 2025). This case was heard by the Delhi High Court and gave a clear message: even number-based trademarks can be registered if they are unique and not linked to the products in a common way.
Let’s break down what this case was about and what it means for business owners and brand creators.
What Happened in This Case?
Vineet Kapur applied to register the number “2929” as a trademark in Class 3. This category includes items like soaps, shampoos, skincare products, and cosmetics. He filed his application on September 28, 2021.
But in February 2024, the Trademark Office rejected his application. They said that:
- The number “2929” is just a regular number,
- It has no special or creative meaning,
- It cannot be protected as a trademark under Indian law (specifically, Section 9 of the Trade Marks Act, 1999).
Not happy with the rejection, Mr. Kapur went to the Delhi High Court and appealed the decision.
What Did the Court Say?
The judge, Justice Mini Pushkarna, gave a detailed and logical explanation. Here’s what the Court decided:
- Numbers Can Be Trademarks
The law clearly says that a “mark” includes not only words and symbols but also numbers. So, just because something is a number doesn’t mean it cannot be a trademark. - Is the Number Unique for the Products?
The Court asked: is there any connection between the number “2929” and cosmetic products? The answer was no. The number had no clear link to the products, and that made it special or “inherently distinctive.” - Other Number Trademarks Have Been Allowed
The judge gave examples of other numbers that were registered as trademarks in India:- “501” for soap,
- “345” for bidis,
- “91” for bicycles,
- “555” for incense sticks,
- “1001” for paints.
- Global Thinking Supports This Too
The Court also looked at what other countries say about number trademarks. Experts like McCarthy on Trademarks have said that number combinations can work as trademarks if they are used in a special way to represent a brand.
Why This Case Matters: Key Points
Here are the main things we learn from this judgment:
1. Unique Numbers Can Be Trademarks
If a number is not commonly used in that product category and doesn’t describe anything about the product, it can be seen as unique or “inherently distinctive.” That makes it eligible for trademark registration.
2. Depends on the Type of Products
A number may be too common to register for one type of product but can be unique for another. For example, “2929” might not be special for electronics, but it is unique for soaps or cosmetics.
3. Numbers with No Common Meaning Are Stronger
If a number is random and has no usual meaning in the product’s industry, then it’s more likely to be accepted as a trademark.
4. Even If Not Used Yet, It Can Be Registered
Mr. Kapur had not yet started using “2929” on his products. But the Court said that’s okay. If the number is unique enough, it can still be registered.
5. You Can’t Own the Digits Themselves
The Court made it clear that Mr. Kapur can own the whole mark “2929,” but not the single digits “2” or “9.” So, others can still use those numbers in their own way.
6. Others Can Still Object
The Court said this judgment doesn’t stop others from filing objections in the future. If someone else thinks “2929” is too similar to their brand, they can raise it during the opposition process.
Why This Matters for Businesses and Startups
This judgment is important for business owners, brand creators, and marketers who are thinking of using number-based names for their products or services.
Here’s how you can use this to your advantage:
- Choose Unusual Number Combinations: Avoid simple or common numbers. Pick something that doesn’t describe your product.
- Check for Other Similar Marks: Before applying, do a full trademark search to avoid conflicts.
- Explain Why It’s Unique: When you file your application, explain why your number is special for your products.
- Prepare for Objections: Even if your number is registered, other companies may still file objections or legal challenges.
Conclusion
The Vineet Kapur vs. Registrar of Trade Marks decision is a big step forward in Indian trademark law. It clearly says that number-based trademarks are allowed if they are different and not commonly used for the products they represent.
In today’s fast-moving digital world, short and catchy brand names—especially number-based ones—can be easier for people to remember. This case shows that even something as simple as a number can become a strong brand identity if used wisely.
Read Meanwhile: Import and Sale Second-Hand Branded Goods Is Legal – Delhi High Court Rules
FAQ Related to the Judgement
Q1. Can a number alone be registered as a trademark in India?
Yes, a number can be registered as a trademark if it is unique and not commonly used in connection with the product or service.
Q2. What does ‘inherently distinctive’ mean for a number trademark?
It means the number has no obvious or descriptive link to the product, making it unique enough to identify a brand.
Q3. Is it necessary to use the number before applying for a trademark?
No, you can apply under “proposed to be used” status. The Delhi High Court confirmed that prior use is not required if the number is inherently distinctive.
Q4. Can someone else oppose my number trademark after it is registered?
Yes, anyone can file an opposition if they believe your number mark conflicts with their brand or rights.
Q5. Will I get exclusive rights over the individual digits in my number trademark?
No. You will only have rights over the entire number combination (like “2929”), not the individual digits (like “2” or “9”).
Q6. Why was the 2929 trademark initially rejected?
The Registrar rejected it because it was considered a basic number with no distinctive character. However, the court overturned that decision.
Q7. What legal section covers the registration of number trademarks?
Section 2(1)(m) of the Trade Marks Act, 1999 defines what can be registered as a mark, including numerals.
Q8. Are there any famous number trademarks already registered in India?
Yes, examples include “501” for soap, “91” for bicycles, and “555” for incense sticks.
Q9. Did the court refer to international opinions on number trademarks?
Yes, it cited global legal commentary such as McCarthy on Trademarks, which supports the registration of numerical marks.
Q10. Can a number that is common in the industry still be trademarked?
No, if a number is generic or commonly used in your industry, it may not qualify for registration due to lack of distinctiveness.
Q11. How can I make a number distinctive enough to be a trademark?
Choose a number combination that is random, unusual, and not associated with your product or service.
Q12. What should I avoid when choosing a number for a trademark?
Avoid simple or popular sequences like “123” or descriptive numbers like “SPF50” for sunscreens.
Q13. Do I need a lawyer to register a trademark number?
While not mandatory, hiring a trademark attorney can help draft a stronger application and respond to objections effectively.
Q14. Can I combine a number with a word to increase chances of approval?
Yes, combining numbers with unique words or logos often strengthens the application and reduces the chance of rejection.
Q15. Where can I search to see if my number is already registered?
Use the IP India Public Search Tool to check if your desired number is already taken.
Can Numbers Be Trademarks, Can Numbers Be Trademarks, Can Numbers Be Trademarks, Can Numbers Be Trademarks, Can Numbers Be Trademarks, Can Numbers Be Trademarks, Can Numbers Be Trademarks, Can Numbers Be Trademarks, Can Numbers Be Trademarks, Can Numbers Be Trademarks, Can Numbers Be Trademarks, Can Numbers Be Trademarks, Can Numbers Be Trademarks
