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

Published in the Trademark Journal on Monday, the approval has generated discussions among intellectual property law experts regarding the registration process and its potential legal ramifications.

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

The examiner noted that the mark consists of two arbitrary words, ‘Chuti’ and ‘Ram,’ and determined that, when considered as a whole, it possesses distinctiveness, setting it apart from other trademarks. Additionally, the order highlighted that the mark has no direct association with the applied goods—namkeen and biscuits—resulting in the waiver of objections under Section 9(1) and its subsequent acceptance.

 

However, questions arise as to how the mark evaded scrutiny under Section 9(2)(c) of the Trade Marks Act, which bars the registration of trademarks that are scandalous, obscene, or contrary to public morality.

 

Furthermore, the order highlights that the mark was accepted despite the absence of representation in four consecutive hearings.

 

Protection given in the Trade Mark Act:

 

Indian trademark law generally prohibits the registration of expletives or offensive words as trademarks. Section 9(2)(c) of the Trade Marks Act, 1999, explicitly does not allow trademarks that are scandalous, obscene, or contrary to public morality. This provision ensures that words or phrases deemed vulgar, offensive, or inappropriate for public sensibilities are not granted legal protection.

 

Additionally, trademarks that offend religious sentiments, mislead consumers, or violate public order may also be denied registration. Trademark authorities assess whether a proposed mark has the potential to spark social controversy before approving it. As a result, brands seeking to register edgy or provocative names must ensure adherence to both legal and ethical standards.

 

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

 

A search of the Trademark Registry’s website indicates that the applicant, Sadhna Goswami, has also sought registration for other marks, including ‘Chutiyawale’ and ‘Chutiyalal.’ However, these applications were either objected to or refused, suggesting that the Registry has, in some instances, enforced prohibitions on potentially offensive trademarks.