In a swift reversal, the Trade Marks Registry on Tuesday withdrew its earlier acceptance of the application to register the mark ‘CHUTIYARAM’ under Class 30 of the Trade Marks Act, 1999.
The mark, which had initially slipped through the cracks, faced the Registry’s scrutiny once again. According to the latest order, its acceptance was deemed erroneous and flagged for objections under Sections 9 and 11 of the Act, the Bar and Bench reported.
“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,” the order read.
According to the report, the mark’s acceptance was published in the Trademark Journal on Monday and it soon triggered discussions on how the application managed to pass the legal litmus test. The examiner earlier concluded that ‘CHUTIYARAM’ is merely a combination of the arbitrary words ‘Chuti’ and ‘Ram’ and therefore, distinctive enough to be distinguishable from other trademarks, the Bar and Bench report further stated.
The report further explained that under Indian trademark law, Section 9(2)(c) of the Trade Marks Act explicitly bars scandalous, obscene or morally questionable marks. The examiner’s order further noted that the mark was accepted despite no representation in the hearings.
The applicant, Sadhna Goswami, seems determined to establish an entire snack empire of controversial branding. The Trademark Registry’s records show prior attempts to register the marks ‘Chutiyawale’ and ‘Chutiyalal’, the report stated. Those applications, however, were either objected to or refused.