FAQ

What is this all about?

We discovered that ISKCON Inc. has registered trademarks for "Hare Krishna" and "Hare Krishna Movement" in Australia, the European Union, the United Kingdom, the United States. They are currently applying for these trademarks in New Zealand.

This came to public attention because of the specific way that they are using these trademarks. 

The legal entity ISKCON Australia Inc has a trademark on "Hare Krishna" and "Hare Krishna Movement" and recently leveraged these claims in a cease-and-desist letter to a Hare Krishna temple in Australia, demanding that they turn over control and ownership of the $3m temple they had bought with their own funds if they want to use their trademark "Hare Krishna".

ISKCON Inc in New Zealand has applied for the same trademarks. 

Since we've brought this issue to public awareness, we have become aware of other instances of devotees being threatened with trademarks on "Hare Krishna", in multiple countries.

This raises the questions:

Is this real or just a rumour? Where can I see the evidence?

You can view the Australian trademark registrations here and here.  

You can view the New Zealand trademark applications here and here. 

We've compiled a list of some of the active trademarks from major countries of the world here.

Do thEsE trademarkS mean that we can't chant the Hare Krishna maha-mantra?

No. 

First of all, the trademarks are for "Hare Krishna" and "Hare Krishna Movement", not for the entire maha-mantra.

Secondly, a trademark is given for a specific class of goods or services. In Australia, the trademark has been granted for "Hare Krishna" in the domain of food, catering, religious instruction and cultural activities. The trademark applications in New Zealand  is for the same classes but also include the moniker "Hare Krishna Movement".

There is no restriction on sankirtan - congregational chanting.

However, if you have a tent at a festival where you do kirtan and discuss Krishna Consciousness, or distribute prasadam, and you put a sign on the tent saying "Hare Krishna", you will be liable for trademark infringement.

If you hold sangas, give classes in your house and advertise them as "Hare Krishna" you will be liable for trademark infringement. 

If you open a preaching center or a temple and call it "Hare Krishna" you will be liable for trademark infringement. 

If you post on Facebook or put up a poster advertising any religious instruction or cultural activities as "Hare Krishna" or as being part of the "Hare Krishna Movement" you will be liable for trademark infringement in countries where ISKCON Inc has been granted the trademark.

Isn't it Better that ISKCON Inc has the trademark, rather than someone else?

A common argument that the trademark can be used to stop, for example, a marijuana dispensary from advertising itself as "Hare Krishna Highs". 

These trademarks do not stop that. They only cover religious instruction, cultural activities, food and catering. 

A further argument is that someone else could trademark it, and stop devotees from using it for preaching. There is already precedent for this as ISKCON Inc has used this themselves to prevent communities from using Hare Krishna in the name of their centers who were not under the ownership and control of ISKCON Inc.

No-one should be able to create a monopoly on using the Holy Names to spread Krishna Consciousness and the Holy Names. 

There is no need for a defensive trademark on the Holy Names if no-one can trademark them in the realm of preaching and prasadam distribution.

Free Hare Krishna for all. 

ISKCON popularised "Hare Krishna" in the western world, shouldn't ISKCON be allowed to trademark "HARE KRISHNa"?

This is a common argument put forward: 

"You only want to use 'Hare Krishna' because it is well-known. Why not use 'Hare Rama'? You only want to use these Holy Names because they are well-known, and this is because of ISKCON."

Public awareness of "Hare Krishna" has been created by the voluntary efforts of thousands of men and women singing their hearts out in glorification of the Supreme Lord over decades on the streets.

The trademarks are not issued to these devotees of Krishna. The trademarks are issued to legal entities that are controlled by four or five people in various political regions. So it is "ISKCON the devotees" who popularised "Hare Krishna", but ISKCON Inc. that trademarks them. 

Unfortunately, the trademarks are then enforced against the very devotees who popularized "Hare Krishna", telling them: "You are not ISKCON Inc." We have recent and historical examples of this and, as our petition gains traction, more stories are emerging.

The devotees did not chant the Holy Names in the streets to popularise ISKCON Inc.  They did it to popularise Krishna.

ISKCON Inc. does not own "Hare Krishna". Hare and Krishna own ISKCON and ISKCON Inc.

The Holy Names are not the exclusive domain of anyone. See this article from India's IP Review for discussion of the trademarking of God's Names.

What is Srila Prabhupada's stance on trademarking "Hare Krishna"?

Srila Prabhupada did not direct anyone to trademark "Hare Krishna" or "Hare Krishna Movement".

Srila Prabhupada did explicitly direct his disciples to apply for commercial trademark registration when he wanted it. 

In a 1971 letter to Rupanuga das, Srila Prabhupada wrote: 

"Our incense trademark should be registered now. I understand that there is one man in Bombay who has plagiarized our Spiritual Sky label, so we are serving him the proper notice to stop this plagiarizing business."

Copyright is a distinct type of intellectual property from a trademark, and it is important to keep that in mind when considering the following: 

We can gain a sense of Srila Prabhupada's stance in this area from a 1969 letter to his disciple Dinesh das:

"The Sankirtana Movement is not my invention. So how can it be copyrighted? Besides that, as you will find in the album of my previous recording, the chanting of Hare Krishna is going on since time immemorial. So Hare Krishna cannot be copyrighted, although the tune in which I sing with my disciples, that may be made copyrighted. I have no objection to sign this agreement, but don't be misled that the chanting of Hare Krishna or Lord Caitanya's Movement can be made copyrighted."

Srila Prabhupada did not trademark "Hare Krishna" or "Hare Krishna Movement" even though he wanted trademarks registered for other things. We do not think that this was an oversight or mistake on his part, but rather the way that he wanted it as evidenced in the above letter instructing against copyright.

In the same way, trademark on the Holy Name implies a sense of ownership and exclusivity for which he clearly was not in support.

Is it even legal to trademark "Hare Krishna"?

It is if no-one opposes it. 

One aspect of a trademark is that it has to distinguish one's "vendor offerings" from another vendor's. 

In the marketplace of the Holy Name, however, many, many people have been offering religious instruction, cultural activities (how the legal system would classify kirtan) and prasadam (food and catering) using the moniker of the Holy Names "Hare Krishna". 

However, if these people (who are not pursuing an exclusive monopoly) do not speak up during a trademark application, then the Intellectual Property Office is not aware of this. After a period of time, they will grant the trademark on the basis of "no objection". This holding period differs from region to region.

This is why awareness and activism is so important right now! 

These trademarks have been applied for without consulting or informing the community of devotees or the public. If it were not for ISKCON Inc threatening a new outreach effort in Brisbane, Australia for using Hare Krishna in the name of their premise, we would have been unaware of this and would not have been able to bring it to the attention of the global Vaishnava community.

Isn't it anti-ISKCON to oppose the trademark of "Hare Krishna"?

In a word: No. 

In India, the trademark is owned by the Ritvik temple in Bangalore, meaning that ISKCON itself cannot use the term Hare Krishna Movement in India.

We oppose an exclusive monopoly on the Holy Names for preaching using commercial law by anyone.

We consider it inappropriate to consider the Holy Name a tool of mundane business and to seek a commercial monopoly on it. 

For example, if someone trademarked "Hare Krishna Temple Greenwoods", it would be a trademark to protect the identity of their temple. But for ISKCON Inc to claim the entire Hare Krishna Movement in even one region around the globe is an injustice and untruth.

And keep in mind that claiming the entire Hare Krishna Movement means denying the Hare Krishna movement to any other branch of the Gaudiya tree. This is not keeping the spirit of Srila Prabhupada's mood and mission. 

ISKCON Inc has a registered trademark on the unique identity "International Society for Krishna Consciousness" - the name that Srila Prabhupada gave the organisation that he founded. This specific moniker should be trademarked and protected against fraudulent use.

To follow Srila Prabhupada means to respect and uphold the identity of his ISKCON society. It does not, however, mean to impede the efforts of other sangas to participate in the propagation of yuga-dharma.

We want everyone to have free access to the Holy Names, just as Srila Prabhupada gave Them to us.

what can I do to support the Freedom of the Holy Name?



paraṁ vijāyate śrī-kṛṣṇa-saṅkīrtanam