'Was a mistake': Delhi Trademark office cancels profane biscuit brand name

The Delhi Trademark office has withdrawn its acceptance of the mark ‘CHU#$%&RAM’ under Class 30 of the Trade Marks Act, 1999, citing an error in approval. 

 

A fresh notification, issued on Tuesday (March 18), stated that the application for a namkeen and biscuits company had been mistakenly accepted and was now subject to objections under Sections 9 and 11 of the Act. Consequently, the Registrar has initiated proceedings under Section 19 of the Act and Rule 38 of the Trade Marks Rules, 2017, setting a hearing for the case.

 

A search of the Trademark Registry's database revealed that the applicant, Sadhna Goswami, had previously sought registration for other marks, including ‘Chu#$&%wale’ and ‘Chu#$%&lal.’ These applications were either objected to or refused, indicating that the Registry has upheld prohibitions on potentially offensive trademarks.

 

Significantly, the earlier acceptance of ‘CHU#$%&RAM’ had raised concerns among intellectual property experts regarding its approval process. The mark was initially published in the Trademark Journal, prompting discussions on the legal grounds for its registration. 

 

A previous order by Senior Trademark Examiner Balaji, issued on March 4, stated that since this was the fourth hearing, the mark was deemed distinctive as it combined two arbitrary words, ‘Chuti’ and ‘Ram.’ The examiner concluded that the mark bore no direct reference to the goods — namkeen and biscuits — leading to the waiver of objections under Section 9(1) and its subsequent acceptance.

 

Trademark rules and regulations

 

Under Indian trademark law, marks deemed offensive or contrary to public morality are generally ineligible for registration. Section 9(2)(c) of the Trade Marks Act, 1999, explicitly prohibits the registration of trademarks that are scandalous, obscene, or offensive. Additionally, marks that could deceive consumers, offend religious sentiments, or disrupt public order are likely to be rejected.

 

Once a trademark is marked as "Accepted & Advertised," it indicates that the examiner found no objections or resolved any concerns. The mark is then published in the Trademark Journal, allowing public scrutiny. A four-month opposition period follows, during which third parties may challenge the registration if they believe it infringes upon their rights or violates legal provisions. If no opposition arises, or if the applicant successfully defends the mark, it proceeds to full registration, culminating in the issuance of a Registration Certificate. However, failure to counter objections can result in the application being denied.

 

The mark ‘CHU#$%&RAM’ was filed under Class 30 of the Nice Classification (NCL), which covers a broad range of food products, including those made from plant-based ingredients and seasonings.