Trade Marks Registry accepts ‘CHUTIYARAM’ mark for namkeen and biscuits company

The Delhi Trademark Office recently accepted the application for registration of the mark ‘CHUTIYARAM’ under Class 30 of the Trade Marks Act, 1999.

The mark, which appeared in the Trademark Journal published on Monday, has sparked discussions among intellectual property law practitioners regarding its approval process and potential legal implications.

An order issued by Senior Trademark Examiner Balaji on March 4 said,

"None appeared observed and ordered that since this is the fourth hearing the instinct mark is a combination of two arbitrary words Chuti and ram and the instinct mark as a whole is distinctive and it can be differentiate from the person to others and the Instinct mark has no direct reference to the applied goods, hence objection u/s 9 waived and the mark accepted."

The examiner observed that the mark is a combination of two arbitrary words, ‘Chuti’ and ‘Ram,’ and concluded that as a whole, it is distinctive and can be distinguished from other trademarks. The order further noted that the mark bears no direct reference to the applied goods - namkeen and biscuits - thus, objections under Section 9(1) were waived, leading to its acceptance.

However, concerns remain over how the mark bypassed scrutiny under Section 9(2)(c) of the Trade Marks Act, which prohibits the registration of trademarks that are scandalous, obscene, or against public morality.

The order also notes that the mark was accepted despite no representation for four hearings.

Under Indian trademark law, registering expletives or offensive words as trademarks is generally prohibited. Section 9(2)(c) of the Trade Marks Act, 1999, specifically bars trademarks that are considered scandalous, obscene, or contrary to public morality. This restriction prevents the approval of words or phrases that may be deemed vulgar, offensive, or inappropriate for public sensibilities.

Additionally, trademarks that offend religious sentiments, deceive consumers, or are contrary to public order may also face rejection. Trademark authorities typically evaluate whether a proposed mark has the potential to cause social controversy before granting registration. Consequently, brands attempting to trademark edgy or provocative names must ensure compliance with legal and ethical standards.

When a trademark is classified as "Accepted & Advertised," it signifies that the application has successfully cleared the initial examination stage. The examiner either found no objections or resolved any concerns during scrutiny. Following this acceptance, the mark is published in the Trademark Journal, allowing the public and interested parties to review it.

Once advertised, the trademark enters a four-month opposition period, during which any third party can challenge the registration if they believe it infringes upon their existing rights or violates legal provisions. If no opposition is filed, or if the applicant successfully defends against any objections, the trademark proceeds to full registration, culminating in the issuance of a Registration Certificate. However, if opposition arises, the applicant must participate in legal proceedings to establish the validity of the mark. A successful defence allows the mark to move forward to registration, while failure to counter opposition may result in its rejection.

Class 30 of the Nice Classification (NCL) system, under which ‘CHUTIYARAM’ is registered, includes a broad range of food products primarily composed of plant-based ingredients or used as seasonings.

A search of the Trademark Registry’s website revealed that the applicant, Sadhna Goswami, has also applied for other marks, including ‘Chutiyawale’ and ‘Chutiyalal.’ These applications, however, were either objected to or refused, suggesting that the Registry has, in some cases, upheld prohibitions on potentially offensive marks.

Read Trademark Examiner's order