The Trade Marks Registry has decided to take back its approval of the name ‘CHUTIYARAM’ for a brand of snacks and biscuits. A report from a legal website called Bar and Bench says this was done because the Registry made a mistake in accepting it in the first place. They mentioned that the name could be seen as offensive and does not meet the rules set out in the Trade Marks Act of 1999.
In a recent order, the Trade Marks Registry stated that the name was not suitable for trademark registration. They announced that they would hold a hearing about the name to figure things out. Just two weeks earlier, the name was accepted, raising questions among lawyers who discussed whether names that could offend others should be allowed.
Before the acceptance, examiners reviewed the name and said it was made up of two ordinary words, ‘Chuti’ and ‘Ram’. They thought it was unique enough to draw a line between this brand and others. They noted that the name didn’t directly relate to the products, which are snacks and biscuits, and originally set aside some objections. However, concerns were raised about how the name managed to pass checks that prevent words that are offensive or against public morals from being trademarked.
Interestingly, the name was approved without anyone representing it during four hearings. Indian trademark law says that rude words or names cannot be registered as trademarks. According to the law, trademarks can’t be “scandalous, obscene, or against public morality
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