The Trademark Registry withdrew approval for the Namkeen Brand Chutiyaram Trademark due to an error in granting approval. Under trademark law, offensive marks contrary to Sections 9 and 11 of the Trade Marks Act of 1999 cannot be registered as offensive or misleading marks. Concerned about the nature of the mark, the Registrar invoked Section 19 to revoke approval before final registration.
Approval Withdrawn Due to Objections
The word “Chutiyaram,” which has been registered as a the Namkeen Brand Chutiyaram Trademark, was earlier granted approval as a combination of two arbitrary words, “Chuti” and “Ram,” having no direct link to namkeen or biscuits. Such being the case, a waiver under Section 9 was granted in this case.
However, IP experts have raised apprehensions concerning its derogatory connotation with regard to why it has escaped Section 9(2)(c), which prohibits frowning upon obscene marks. The Registry reviewed the matter and stated that it had erred in granting the trademark; thus a revocation notice was put forth to correct the same.
Trademark Opposition and Legal Grounds
Withdrawing the Namkeen brand Chutiyaram Trademark is an important case concerning Trademark Opposition. Sections 9 and 11 of the Trade Marks Act tighten the noose around the approval of problematic trademarks
- Section 9(2)(c): Prohibits the registration of marks, which contain offensive, obscene or vulgar words.
- Section 11: Prohibits confusable trademarks or similar marks with already registered ones.
In the face of all these provisions, however, the trademark passed through the approval process. This raises questions about how efficient the screening process has been at the Trade Marks Registry.
Hearing Set for the Applicant
A date for hearing has been fixed in respect of Sadhna Goswami’s Chutiyaram trademark application, failing which it shall stand rejected. Interestingly, she had also applied for similar trademarks, such as Chu#$&%wale and Chu#$%&lal, both of which were opposed or rejected. The Registry’s steady approach indicates clear unacceptance toward names perceived to be offensive as part of its role to safeguard ethical practice in trademark approval.
Approval Process Under Scrutiny
This incident has fueled many debates within the intellectual property community, with experts now quizzing how such an illegal approval could pass under the Namkeen brand Chutiyaram Trademark.
This trademark was reviewed four times before the approval dated March 4. The honourable examiner said that the mark was distinctive and not a direct description of the product. However, this decision, according to many legal professionals, was interpreted wrongly against the law.
The revocation of the mark by itself points towards a major oversight in the operation of the Trademark Registration. The case demonstrates that even after approval, the trademarks can be challenged and revoked if they don’t meet legal criteria.
What Happens Next?
While the Trademark Opposition is in progress, the future of the Namkeen brand Chutiyaram Trademark looks uncertain. Should the applicant present powerful submissions in defence, the applicant may argue that the name in question is not abusive and ought to be registered. However, given all the legal hurdles in challenging this name, it is unlikely to get approved in the end.
Moreover, if you need any other guidance relating to trademark infringement, Trademark Registration, Trademark Opposition, Trademark Objections, or Trademark Hearings please feel free to contact our business advisors at 8881-069-069.
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