Trade Marks Registry does u-turn on 'CHUTIYARAM' mark, says it was accepted by mistake

The Trade Marks Registry on Tuesday withdrew its acceptance of the application for registration of the mark ‘CHUTIYARAM’ under Class 30 of the Trade Marks Act, 1999..In an order published on Tuesday, the Registry stated that the mark had been accepted in error and was subject to objections under Sections 9 and 11 of the Act."The above-mentioned application was accepted through an error. The registration of the mark is open to objection on the grounds that it does not meet the criteria for registration under Section 9/11 of the Trade Marks Act, 1999. Therefore, the Registrar proposes to withdraw the acceptance pursuant to Section 19 of the Act, read with Rule 38 of the Trade Marks Rules, 2017, and has scheduled a hearing regarding the application," the order stated..The withdrawal follows two weeks after the mark's initial acceptance and just a day after its publication in the Trademark Journal. The approval had sparked discussions among intellectual property law practitioners, questioning the review process and legal implications of registering potentially offensive terms..While accepting the mark, 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 remained 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 initial order also noted 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..Read the revocation order