Trademark Applications Filed for ‘Operation Sindoor’
Following India’s unprecedented missile strike on terrorist infrastructure, a surge of interest in trademark applications has emerged for the term “Operation Sindoor.” This development underscores a growing phenomenon in legal practices known as “moment trademarking,” where individuals and corporations seek to capitalize on significant national events.
Key Applicants for the Trademark
As of now, several individuals and entities have filed applications at the Indian Trademark Registry:
- Mukesh Chetram Agrawal: A resident of Mumbai focusing on event and entertainment services.
- Group Captain Kamal Singh Oberh (Retd.): A former Indian Air Force officer aiming to utilize the trademark for film and web series projects.
- Alok Kothari: A Delhi-based lawyer who has also filed under Class 41.
- Jayaraj T: Located in Kerala, he is pursuing registration in both Class 41 and Class 09, which encompasses IT and audiovisual services.
- Uttam: Details concerning this applicant’s intended use remain unclear.
- Reliance Industries Limited: Initially submitted an application but later retracted it, citing an unapproved filing by a junior employee.
Trademark Classes and Applications
All applications are under Class 41 of the Nice Classification, which pertains to educational and entertainment services, among others. Certain applicants, such as Agrawal and Jayaraj, are requesting protections for both the wordmark and the official logo associated with the operation.
Anushkaa Arora, an advocate and founder of ABA Law Office, noted, “When multiple parties apply for the same or deceptively similar trademark, the Registry considers various legal and procedural factors, including priority and intent of use.” The evaluation process also examines potential public confusion and impacts on public interest.
Legal Context: The Permissibility of Such Applications
Under the Trademarks Act of 1999, there are no clear prohibitions against I individuals or businesses applying for trademarks related to military operations. However, the Government of India retains the authority to contest these applications based on the following grounds:
- Section 9(1)(A): Prohibits misleading marks that could deceive the public.
- Section 9(2)(b): Prevents marks that might offend religious sentiments or exploit matters of national significance.
Legal experts, including Savitha Kesav Jagadeesan of Kochhar & Co., highlight that given “Operation Sindoor” is an identifier officially employed by the Indian Armed Forces, trademark applications could face substantial objections.
Evaluation Process by the Trademark Registry
According to Alay Razvi, Managing Partner at Accord Juris, the Indian Trademark Registry assesses applications for similar trademarks by considering:
- Prior use of the mark in commerce.
- The intended application of the trademark.
- The distinctiveness versus descriptiveness of the mark.
- The likelihood of public confusion.
- Compliance with prohibitive categories under Section 9.
- Public sentiment regarding the potentially exploitative nature of the mark.
These factors will heavily influence whether the trademark “Operation Sindoor” is granted, and to whom.
Historical Context: Military Operation Trademarks
There exists a legal framework for registering military-related trademarks, as demonstrated by the example of “Operation Khukri,” registered under Class 41 by Abundantia Entertainment Pvt. Ltd. This sets a significant precedent for the current applications surrounding “Operation Sindoor.”
Sonal Madan, Partner at Chadha & Chadha IP Law Firm, stated, “Registry decisions are driven by statutory criteria rather than mere sensitivity to context. Military operation names aren’t inherently unregistrable, but the purpose and usage should be carefully evaluated.”
The Rise of Moment Trademarking
The trend of moment trademarking encapsulates this flurry of applications, as individuals and companies seek to secure exclusive rights related to current events and narratives. Ronil Goger, Managing Partner at Blaze Legal, explained, “Many people mistakenly believe that trademarking works like domain registration, where the first applicant secures the rights. However, trademark registration involves a meticulous process that can last from 12 to 24 months, requiring substantial evidence and compliance with legal standards.”
Next Steps in the Application Process
The Indian Trademark Registry will move through a multi-step process for evaluating the applications:
- Examination by the Controller General of Patents, Designs, and Trademarks.
- Publication in the Trademarks Journal for public scrutiny.
- Opposition phase, allowing for challenges to the mark.
- Hearing and adjudication, if any objections are raised.
This unfolding scenario around “Operation Sindoor” exemplifies both mounting commercial interest in national events and the nuanced legal frameworks that govern trademark registration in India.
