Trademark Registry Accepts 'CHUTIYARAM' for Namkeen and Biscuits, Raising Eyebrows Among Legal Experts

New Delhi: In a surprising development, the Delhi Trade Marks Office has accepted the registration of the mark ‘CHUTIYARAM’ under Class 30 of the Trade Marks Act, 1999, covering namkeen and biscuits. The decision has triggered conversations in legal circles about the boundaries of trademark acceptability, particularly regarding public morality and decency.

The trademark, which was officially published in the latest edition of the Trademark Journal on Monday, has drawn attention from intellectual property law professionals due to its unusual and potentially controversial nature.

According to the order issued by Senior Trademark Examiner Balaji on March 4, the mark ‘CHUTIYARAM’ is considered distinctive because it is a combination of two unrelated words — 'Chuti' and 'Ram.' The examiner noted that as a whole, the mark does not directly describe the goods in question, and therefore, objections under Section 9(1) of the Trade Marks Act were waived.

Balaji's order further mentioned that despite the applicant's absence over four hearings, the mark was accepted on the grounds that it was sufficiently distinguishable and bore no direct connection to the product category. "The instinct mark as a whole is distinctive and can be differentiated from others... the mark has no direct reference to the applied goods, hence objection u/s 9 waived and the mark accepted," the order stated.

While the examiner focused on Section 9(1), which deals with descriptiveness and distinctiveness, IP law practitioners have pointed out that the ruling appears to have sidestepped Section 9(2)(c). This section bars trademarks that are scandalous, obscene, or contrary to public morality — a provision that is generally invoked when marks feature vulgar or offensive language.

Legal experts are now debating how a mark like 'CHUTIYARAM,' which could potentially be viewed as offensive in common parlance, managed to clear this legal hurdle without further scrutiny. Under Indian trademark law, trademarks that are deemed inappropriate or offensive to public sensibilities are typically rejected during examination.

Section 9(2)(c) of the Trade Marks Act, 1999, explicitly prohibits the registration of trademarks that are scandalous, obscene, or morally questionable. In addition, marks that are likely to offend religious sentiments, deceive the public, or disturb public order are also typically denied protection.

Authorities are generally expected to evaluate not just the distinctiveness of a mark but also its potential to provoke social or cultural controversies. While creative or edgy branding is permitted, it must still comply with statutory guidelines aimed at protecting public decency and order.

Since the mark has now been officially classified as "Accepted & Advertised," it has moved past the initial examination phase and is open to public opposition. The acceptance triggers a mandatory four-month window during which third parties can file formal oppositions if they believe the mark infringes on existing rights or violates legal norms.

If no opposition is filed within this period, or if any challenges are successfully countered by the applicant, the mark will proceed to full registration, culminating in the issuance of a registration certificate. However, if the mark faces opposition based on morality or offensiveness, legal proceedings could determine its final outcome.

A deeper look into the records of the Trademark Registry reveals that the applicant, Sadhna Goswami, has previously attempted to register other marks with similarly provocative elements, such as ‘Chutiyawale’ and ‘Chutiyalal.’ These applications, however, were either rejected outright or faced objections, suggesting that the Registry has previously exercised caution in similar instances.

The mark has been accepted under Class 30 of the Nice Classification, which pertains to a variety of food products, including snacks, bakery goods, spices, and condiments — sectors where brand names can strongly influence consumer perception.

The acceptance of 'CHUTIYARAM' has left many in the legal and business communities questioning the Trademark Office’s interpretation of decency standards. While some view the decision as a nod to creative freedom in branding, others warn it could open the floodgates to more applications testing the limits of what is considered socially acceptable.

As the opposition period unfolds, all eyes will be on how stakeholders and the legal system respond to this unconventional trademark’s journey toward potential full registration.

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