The Trade Marks Registry has decided to withdraw its acceptance of the trademark application for ‘CH***RAM’—a proposed brand for namkeen and chips.
According to an official notice, the approval was granted in “error” and is now being revoked.
Legal Objections
The registrar’s notice cites Sections 9 and 11 of the Trade Marks Act, which outline grounds for rejecting trademark registration. “The above-mentioned application was accepted through an error,” the order states. This reversal follows concerns raised by intellectual property law practitioners, who found the term offensive due to its slang connotations.
Hearing Scheduled For Applicant
A hearing date has been set for the applicant to present their case. If they fail to attend, the acceptance of the trademark will be automatically withdrawn.
Published In Trade Marks Journal
The trademark had been listed in the Trade Marks Journal on March 17, with its intended use specified for namkeen and chips. However, the registrar invoked Section 19 of the Trade Marks Act, which allows them to withdraw approval before formal registration.
Examiner’s Initial Justification
On March 4, a senior examiner of trademarks had originally approved the application, arguing that the mark combined two arbitrary words—’Chuti’ and ‘Ram.’ The examiner ruled that the mark was distinctive and did not directly refer to the applied goods.
Overlooked Scrutiny Under Section 9(2)(c)
The approval process bypassed scrutiny under Section 9(2)(c), which prohibits trademarks containing obscene, offensive, or explicit words. This oversight has now led to the withdrawal of the mark’s acceptance.
The final decision will depend on the upcoming hearing, where the applicant will have an opportunity to defend their trademark application.
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