‘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 withdrawal comes just two weeks after the ‘Chutiyaram’ trademark was initially accepted

Source : ABPLIVE AI

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.

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.

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.