Explorer

‘Chutiyaram’ Trademark For Biscuits Gets Pulled Back After Registry Admits Error In Approval

The Trademark Registry withdrew acceptance of the "CHUTIYARAM" trademark. The mark was initially deemed distinctive but raised concerns as it may be offensive under Section 9(2)(c) of the Trade Marks Act.

The Trade Marks Registry on Tuesday withdrew its acceptance of the application for the registration of the mark ‘CHUTIYARAM’ under Class 30 of the Trade Marks Act, 1999, citing an error in approval. In an order published on Tuesday, the Registry stated that the mark had been accepted mistakenly 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 noted, as quoted by Bar & Bench.

Image

The withdrawal comes just two weeks after the mark was initially accepted and only a day after its publication in the Trademark Journal. The approval had sparked discussions among intellectual property law practitioners, raising concerns over the review process and the legal implications of registering potentially offensive terms.

According to the examiner’s initial observations, the mark was considered a combination of two arbitrary words, ‘Chuti’ and ‘Ram,’ and was deemed distinctive enough to be distinguished from other trademarks. The order further stated that the mark did not have a direct reference to the applied goods—namkeen and biscuits—leading to the waiving of objections under Section 9(1) and its subsequent acceptance, as per Bar & Bench's report.

Image

However, concerns arose 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 had been accepted despite the absence of representation for four hearings.

Registration Of Expletives Or Offensive Words Prohibited Under Indian Trademark Law

Under Indian trademark law, the registration of expletives or offensive words is generally prohibited. Section 9(2)(c) of the Trade Marks Act, 1999, specifically bars trademarks that are deemed scandalous, obscene, or contrary to public morality. Authorities also reject trademarks that offend religious sentiments, mislead consumers, or are against public order, the report stated.

When a trademark is marked as “Accepted & Advertised,” it indicates that the application has cleared the initial examination stage, with no objections or all concerns resolved during scrutiny. The mark is then published in the Trademark Journal, allowing public and interested parties to review it.

Read more
Sponsored Links by Taboola

Top Headlines

8 Elephants Killed After Rajdhani Express Hits Herd In Assam; 5 Coaches Derailed
8 Elephants Killed After Rajdhani Express Hits Herd In Assam; 5 Coaches Derailed
PM Modi To Unveil Rs 3,200 Crore Highway Projects In Bengal Today
PM Modi To Unveil Rs 3,200 Crore Highway Projects In Bengal Today
US Launches 'Operation Hawkeye' Against ISIS In Syria After 2 Soldiers Killed In Ambush
US Launches 'Operation Hawkeye' Against ISIS In Syria After 2 Soldiers Killed In Ambush
Dense Fog Shrouds Delhi Amid Orange Alert; AQI Remains ‘Very Poor’
Dense Fog Shrouds Delhi Amid Orange Alert; AQI Remains ‘Very Poor’

Videos

Breaking: VB-G Ram G Rural Jobs Bill 2025 Cleared by Parliament, Sent to President Amid Opposition Uproar
Breaking: Viksit Bharat G Ram G Bill Passed, Protests Intensify as TMC, Congress Demonstrate in Parliament
Hijab Controversy: Nitish Kumar Hijab Row Escalates in Bihar, Muslim Groups Plan Protests Seeking Apology
VB-G RAM G Bill: Rajya Sabha Passes Viksit Bharat Rural Jobs Bill Amid Protests, TMC MPs Hold Overnight Dharna
Breaking: Kaushambi Police Gunfight Injures Cattle Thief, Stolen Buffaloes Recovered Near Raghopur Road

Photo Gallery

25°C
New Delhi
Rain: 100mm
Humidity: 97%
Wind: WNW 47km/h
See Today's Weather
powered by
Accu Weather
Embed widget