In a dramatic reversal, the Trade Marks Registry on Tuesday withdrew its acceptance of the application for registration of the mark “CHUTIYARAM” under the Trade Marks Act, 1999, stating that the earlier approval was made in “error”. The decision comes just two weeks after the mark was initially accepted and a day after it was published in the Trademark Journal, triggering debates over its potential offensiveness.
An order published by the Registry on March 18 stated that the earlier acceptance of “CHUTIYARAM” was a mistake and that the mark was subject to objections under Sections 9 and 11 of the Trade Marks Act, 1999. Sections 9 and 11 enumerate the grounds for refusal of a trademark that include scandalous or obscene words.
“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 stated. Section 19 and Rule 38 empower the registrar to withdraw an acceptance.
The mark was initially accepted by a senior trademark examiner in an order dated March 4. The examiner observed that “CHUTIYARAM” is a combination of two arbitrary words, “Chuti” and “Ram”, and concluded that it was distinctive, bore no direct reference to the applied goods (namkeen and biscuits), and could be distinguished from other trademarks. On this basis, objections were waived, leading to its acceptance.
However, concerns were raised over how the mark bypassed scrutiny under Section 9(2)(c) of the Trade Marks Act, which prohibits the registration of trademarks that “comprises or contains scandalous or obscene matter”.
The examiner’s March 4 order also noted that the mark was accepted despite no representation from the applicant for four hearings. This raised further concerns about procedural lapses in the examination process.
To be sure, once a trademark is classified as “Accepted & Advertised”, it signifies that the application has successfully cleared the initial examination stage. It is then published in the Trademark Journal, allowing the public and interested parties to review it. The mark enters a four-month opposition period, during which any third party can challenge the registration.
With the withdrawal of acceptance, the application will now go through a fresh review process. The scheduled hearing will determine whether the mark can proceed further or if it will be officially rejected.