India, 13th May 2025: Several individuals, including Mumbai resident Mukesh Chetram Agrawal, retired Group Captain Kamal Singh Oberh, Delhi-based lawyer Alok Kothari, Jayaraj T, and Uttam, quickly applied for a trademark on “Operation Sindoor,” the codename for recent military strikes. These six applications were applied in Class for “Operation Sindoor” under Class 41, covering education, training, entertainment, and sporting/cultural activities.
Reliance Industries Limited (RIL) submitted a trademark application for “Operation Sindoor.” However, the company later retracted this application, explaining that it was filed mistakenly by a junior employee without proper authorization.
Process at Trademark Office:
Typically, the Trademark Registry examines applications and provides applicants with an opportunity for a hearing based on natural justice principles rather than immediately rejecting them. Depending on the volume of applications, this examination and hearing process can take anywhere from six months to over a year.
The India Trademark Office, like other global trademark offices, holds hearings to assess the distinctiveness of a name for association with products or services. Notably, Class 41 pertains to the Entertainment and Media Industries, indicating the mark’s intended use for a documentary or film.
While the Trademarks Act of 1999 generally permits trademark applications as long as they don’t violate refusal grounds, these applications concerning a military operation are problematic.
Why Reliance Applied for the mark:
Reliance’s presence in Media and Entertainment makes their trademark application for “Operation Sindoor” logical for potential documentaries or movies. Beyond offensive use, IPR departments also employ trademarks defensively. While Reliance might permit others to use “Operation Sindoor,” their application establishes prior claim, offering protection against lawsuits. Therefore, a trademark application serves both aggressive and defensive purposes. Although legally sound as an IPR strategy, this action currently raises moral and ethical questions that transcend standard legal and IPR considerations.
Ethical & Moral Questions
This is undoubtedly a matter of national significance. Regrettably, the drive for market advantages and profits within the entertainment industry increasingly overlooks public sentiment. The attempt to claim IP on the bravery of our armed forces during an ongoing mission is deeply concerning. It may be called as “Seeking Opportunities in Troubled waters”
What can the Government of India do?
The Office of Controller General of Patents, Designs and Trademarks, Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry, the Government of India, retains the right to object to or reject a trademark application under Section 9(1)(A) of the Trademarks Act if the mark is deceptive or contrary to the public interest. Additionally, these applications can be rejected under the Emblems and Names (Prevention of Improper Use) Act, 1950.
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