The Trade Marks Registry has rescinded its acceptance of the trademark application for ‘CHUTIYARAM’ under Class 30 of the Trade Marks Act, 1999, stating that the approval was granted by mistake.
In an order issued on Tuesday, the Registry clarified that the mark had been erroneously accepted and was subject to objections undetrar Sections 9 and 11 of the Act.
“The aforementioned application was accepted due to an error. The mark is subject to objections as it does not satisfy the registration criteria under Section 9/11 of the Trade Marks Act, 1999. Therefore, the Registrar intends to withdraw the acceptance in accordance with Section 19 of the Act, alongside Rule 38 of the Trade Marks Rules, 2017. A hearing has been scheduled regarding the application,” the order stated.
This reversal comes just two weeks after the mark was initially accepted and a day following its publication in the Trademark Journal. The approval had sparked debate among intellectual property law experts, raising concerns about the review process and the legal implications of registering potentially offensive terms.
During the initial examination, the mark was considered a combination of the words ‘Chuti’ and ‘Ram,’ and the examiner deemed it distinctive enough for registration. Since it bore no direct reference to the applied goods—namkeen and biscuits—objections under Section 9(1) were waived, leading to its initial approval.
However, questions 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. Notably, the mark was accepted despite the applicant’s absence in four scheduled hearings.
Indian trademark law generally prohibits the registration of offensive or obscene words. Section 9(2)(c) explicitly bars trademarks considered scandalous or contrary to public decency. Authorities also evaluate whether a proposed mark could provoke controversy, deceive consumers, or offend religious sentiments before granting registration.
In trademark proceedings, a mark classified as “Accepted & Advertised” indicates that it has passed the initial examination stage, with the examiner either finding no objections or resolving them during scrutiny. Following acceptance, the mark is published in the Trademark Journal, allowing the public and interested parties to challenge it if necessary.
