Trademark Registry Faces Test As ‘Operation Sindoor’ Filings Soar

Legally, the Trademark Registry must now weigh statutory conditions like distinctiveness, prior usage, and public morality against attempts to commercialize symbols of national pride. In this case, the spirit of Operation Sindoor—initiated by the government for the people—must remain untainted by opportunism

Over the last few days, we all have been reading on how Reliance Industries Ltd (RIL) and many other individual persons filed trademark application for ‘Operation Sindoor.’ However, Reliance quickly withdrew the application and mentioned that it was inadvertently filed by an unauthorized junior employee. Reliance Industries clarified that they had no intention of trademarking a phrase that has become a ‘symbol of Indian bravery.’ However, the other applicants have continued with their application. Till date 13 trademarks using the word and the logo of Operation Sindoor has been filed with the Trademark Registry and 12 are still live and in stages of scrutiny.

All these trademark applications have been filed in class 41 pertaining to education; providing of training; entertainment; sporting and cultural activities with a clear intent and usage of the mark or the name in making films and commercial documentaries.

These flurry of filings for the trademark ‘Operation Sindoor’ is a classic case on how business owners and individuals are attempting to secure exclusive rights over names, phrases, codes symbols of national interest for commercial gains using real time events and nation’s narratives.

While in the Trademarks Act, 1999, there is no such restrictions on preventing individuals or entities from applying trademarks associated with military operations or government terms. However, the Section 9 of the Trademark can refuse application based on absolute grounds. Sec 9 1(A) which prevents registration of trademarks which are devoid of any distinctive character not capable of distinguishing the goods or services of one person from those of another person and 9 2(b) which contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India. The other trademark applications are under prosecution for legal checks and scrutiny and then will be taken up for examination by the trademark registry.

The entire nation is now aware that Operation Sindoor is a military code name announced by the government to carry out operations against terror, then now the question arises how come these 12-13 applicants can claim right over the same name. The answer to this question lies that the race to trademark registration is not first to file and register unlike online domain names. To claim a right on trademark, there needs to be clear evidence of first usage and adoption of the logo along with acquiring distinctiveness.

Operation Sindoor has been coined by government with clear usage with distinctness among 140 crore Indians and their sentiments running high for motherland. None of these applicants have coined the word nor have any proof of usage and hence it will be next to impossible to get a trademark registration for the ‘Operation Sindoor’ and it shows what will be important is to note for the trademark registry is that a trademark ‘Operation Khukri’ has been registered by Abundantia Entertainment Private Limited which is again a military operation carried out by Indian Army and their story of bravery for an UN Mission in 2000.

While this precedence might be a strong ground of defence for the applicants, but with a single applicant for ‘Operation Khukri’ and that too after 23 years of the mission will not stand the testament of law for them with all the applicants claiming trademark registration on the same word in the same class. The latest being the filing of a PIL in the supreme court to bar the trademark registration of ‘Operation Sindoor,’ for the name given for India's military operations against terrorism.

To conclude, Moment trademarking is good for Business to show their foresight and opportunism but not for commercial gains from National Events. With all the considerations of public sentiment, morality, distinctiveness, no prior usage, it will be critical to determine if ‘Operation Sindoor’ can be granted a trademark and if so, who will get it. In this case, the sensitivity of the subject needs to be balanced against statutory criteria and past rulings if any while passing order which will resonate among all the Indians.

My answer is taking a cue from the famous quote of Abraham Lincoln where in like Democracy, Operation Sindoor is a national initiative by government of the people, by the people and for the people and no individual or a business enterprise can claim stake.

(The author is Head - Legal &IPR at Resolute Group and Founder of Resolute4IP)