The Trade Marks Registry has decided to withdraw its acceptance of an application filed to register the mark ‘CH*****RAM’ for a namkeen and chips brand, saying the approval was granted in “error”. The registrar, in its notice, stated that the registration of the mark was open to objections under sections 9 and 11 of the Trade Marks Act.
Sections 9 and 11 of the Trade Marks Act outline grounds for refusing trademark registration. “The above-mentioned application was accepted through an error,” the order said. The U-turn comes after the approval of the ‘CH*****RAM’ mark was deemed offensive among a section of intellectual property law practitioners due to the word’s usage as slang.
The registrar has set a date for hearing in connection with the application. If the applicant fails to attend the hearing, the order of acceptance will be deemed to be withdrawn.
The said mark was listed in the Trademarks Journal published on March 17. It was stated that its proposed use was for namkeen and chips.
The revocation notice mentioned that, under Section 19 of the Act, the registrar can withdraw the approval even after the acceptance of an application for a trademark before its registration.
On March 4, the senior examiner of trademarks accepted the application, stating that the mark was a combination of two arbitrary words – ‘Chuti’ and ‘Ram’.
In the order, the examiner held that the mark, as a whole, was distinctive and could be distinguished from other trademarks. It also said that the mark had no direct reference to the applied goods.
The mark was accepted bypassing scrutiny under Section 9(2)(c) of the Act, which bars registration of trademarks that are obscene or contain expletives or offensive words.
