'Chutiyaram' Trademark Case: Why Registry Withdrew Its Approval?
'Chutiyaram' have been trademarked? The registry withdrew its decision!
Think about it, you went to the market and saw a packet of namkeen, named 'Chutiyaram'? To tell you the truth, it sounds a little strange, doesn't it? Something similar happened in the trademark registry. One such name was registered, but as soon as this matter reached the people, the registry corrected its mistake and immediately withdrew it.
This whole matter is very interesting. What happened was that the Trademark Registry approved the name 'Chutiyaram'. But a day after this decision, when this trademark was published in the Official Journal, the registry canceled its own order. He categorically stated that the approval was made "by mistake" and was against the rules of Sections 9 and 11 of the Trademark Trademarks Act, 1999.
In a way, this incident shows that our system can also make mistakes, but it also has the ability to correct them. This whole case is a huge lesson for Indian brands and business owners.
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What was written in the official order?
The order of the registry was straight-forward. It was clearly written, "The above application was accepted by mistake. This mark does not comply with the registration standards of Section 9/11."
In this order, the Registrar proposed to withdraw the acceptance under Section 19 and Rule 38 of the Trademark Rules, 2017. Also, he has called the applicant for a hearing. This means that now the company will have to go to court and explain why their name is valid. Imagine it, on one hand, the approval was received, and the very next day it was withdrawn saying 'Sorry, we made a mistake'. This shows how big the level of vigilance is needed.
What happened before 'Chutiyaram'?
The name was being registered for Class 30 products, i.e. namkeen and biscuits. When Ackmner investigated it, it considered it to be a combination of two different words 'chutti' and 'ram' and approved it as unique.
However, in the process, Accomner ignored Section 9(2)(c). This section is a very important part of the Trademark Act. It is clearly written that no such word or fresh trademark can be made which is against obsessive, offensive or public morality.
Let's be honest, the word 'chutia' is an expletive in Hindi. 'Ram' is a very common and respected name. Linking these two words together can be offensive for a lot of people. Imagine children in a family buying a packet with this name or watching a TV ad. It can create an awkward situation in the society. This is the reason why laws like Section 9(2)(c) have been made.
What is Section 9(2)(c)?
Indian trademark law is very strict when it comes to objectionable words. According to Section 9(2)(c), any mark which is against public morality or hurts religious feelings cannot be registered.
It is not limited to abuses only. If a name makes fun of a community or religion, or misses consumers, then it can also be rejected. Its purpose is to maintain respect and decency in the brand market. For example, you cannot sell any non-veg product in the name of a religious figure. In the same way, this name was also going against public sentiment.
'Accepted & Advertised' Hone Ka Matlab Kya Hota Hai?
When a trademark application is 'Accepted & Advertised', it means that it has cleared the initial screening. The Acconer has not found any objection to it.
After the IS stage, the mark is published in the Trademark Journal. This is a 4-month period in which the public and other companies can file an opposition against it . In the case of 'Chutiyaram', as soon as it was published in the journal, intellectual property (IP) experts started questioning it. One thing is clear to this that public scrutiny is a very powerful tool.
Experts Ne Sawaal Kyun Uthaye?
When the 'Chutiyaram' mark was approved, a lot of IP lawyers and experts were surprised. He said that the name was directly violating the rules of Section 9(2)(c) and should have been rejected earlier.
The strangest thing was that Ackimer had placed four hearings in this case, but no one from the appellant company came for the hearing. Despite this, Mark was approved. It was a huge red flag and also raised questions about the way the trademark registry works.
What's next?
Now the Trademark Registry has fixed the hearing date. In this hearing, the applicant will put his arguments that his name is not wrong. Also, those who have filed objections will also put their points. After listening to both the parties, the Registrar will take a final decision.
This whole case reminds us that the brand name should not only be attractive or unique, but it should also be ethical and legally correct. If you choose a controversial name by mistake, it can create big problems for you in the future.
Aakhri Baat: Businesses Ke Liye Lesson
This whole incident of 'Chutiyaram' is an important lesson for every Indian business owner. Before thinking of a brand name, one should think about every angle of it.
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Think of the audience: Does your name respect your audience's sentiment?
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Do your research: Do a Thoreau trademark search to see if there is another name already registered like yours.
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Take expert advice: It is always good to consult an IP lawyer, they can save you from mistakes.
Faqs - Answers to Your Questions
1. Can a name like 'Chutiyaram' be registered?
Nope. This name falls in the Obscene and Offensive category , so its trademark registration is not possible.
2. Trademark Act ka Section 9(2)(c) kya hai?
Yeh section un trademarks ko reject karta hai jo public morality, decency ya sentiments ke khilaaf hon.
3. What is the function of a trademark examiner?
A Minuter checks the application to see if it is following the rules or not and if there is an objection, he raises it.
4. Can every word be trademarked?
Nope. No generic or descriptive word can become a trademark. For example, you can't trademark common words like 'chai' or 'namkeen'.
5. How long does trademark registration take?
The process can typically take 6 to 18 months, or even longer if there are objections or oppositions.
6. If the trademark is approved, can it never be canceled?
Maybe. If it is later found that he was registered against the rules or an opposition was filed against him, then he can be canceled.
7. Is 'Chutiyaram' the first such case?
No, it has already been debated on names like 'Kuttiya' and 'Pappu'.
8. Why do brands try to register such names?
Sometimes, businesses are not fully aware of the legal rules, or they want to create buzz out of controversy. But often this strategy doesn't work.
9. What is the lesson from this case?
The biggest lesson is that a strong brand name is divided on legal and ethical foundations, not just a Katchi name.
10. What to do if we have to apply for a trademark?
First of all, you go to the website of the Indian Trademark Registry and do a free search. Then, consult an expert and move on.
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