Reliance Industries Limited (RIL), among five others, sought trademark registration of ‘Operation Sindoor’, after the Indian Army launched a series of strikes, under this codename, at terrorist infrastructure in Pakistan. On Thursday, however, the conglomerate in a statement said, “Jio Studios, a unit of Reliance Industries, has withdrawn its trademark application, which was filed inadvertently by a junior person without authorisation”.
On May 7, according to filings before the Controller General of Patents, Designs and Trademarks, four applications, including one by Reliance, were filed.
RIL’s application was filed at 10.42 am under Class 41 (trademark pertaining to education, providing of training, entertainment, sporting and cultural activities).
Following this, three others submitted applications — a Mumbai resident, a retired Air Force officer, and a Delhi-based practising advocate.
A trademark would give its owner the rights to monopolise the name for a movie, TV series etc. Section 11 of the Trademark Act also states that the first to use or the first to file for registration of a trademark will be granted the trademark.
RIL had sought the registration in its favour for “provision of entertainment; production, presentation and distribution of audio, video, still and moving images and data; publishing services including electronic publishing services; provision of discussion forums; non-downloadable electronic publications; organisation, production and presentation of shows, competitions, games, concerts, exhibitions and events; language teaching; provision of information and advisory services relating to any of the aforesaid services.”
In its statement, RIL said on Thursday: “Reliance Industries has no intention of trademarking Operation Sindoor, a phrase which is now a part of the national consciousness as an evocative symbol of Indian bravery”.
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“Reliance Industries and all its stakeholders are incredibly proud of Operation Sindoor, which came about in response to a Pakistan-sponsored terrorist attack in Pahalgam. Operation Sindoor is the proud achievement of our brave Armed Forces in India’s uncompromising fight against the evil of terrorism. Reliance stands fully in support of our Government and Armed Forces in this fight against terrorism. Our commitment to the motto of ‘INDIA FIRST’ remains unwavering,” it added.
The second application was filed at 11.25 am the same day (May 7) by Mumbai-based Mukesh Chetram Agrawal. He sought registration of the wordmark, as well as the image, under Class 41 for a range of uses.
The application details that the trademark registration for the phrase and image is being sought for a range of purposes including for use in concerts, musical performances, entertainment events like musical and cultural events, arts and cultural events, exhibitions for entertainment purposes; production and distribution of radio programmes, television programmes, and sound recordings; entertainment services, etc.
It was filed through his advocate Ramchandra Mandhane. Mandhane said, “He is an industrialist, and this is the first time he is claiming a trademark in his personal name. I’m not aware of why he has filed, but maybe he wants to make a movie in the future. I’m not aware if he is already associated with the film industry.”
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At 12.16 pm, Retired Group Captain and Air Force Officer, Jammu and Kashmir resident Kamal Singh Oberh, claimed a trademark on the word as a whole. His application details the use of the mark for “entertainment, film production, cultural activities, web series production”.
The fourth application was filed at 6.27 pm by Delhi-based advocate Alok Kumar Kothari. He too sought the use of the wordmark for “education, providing of training; entertainment; sporting and cultural activities.”
Kothari, who has been practicing in Delhi High Court and trial courts since 2015, told The Indian Express, “This was a very instantaneous decision. After court proceedings yesterday, I was sitting in my chamber… I thought a movie would obviously be made on this. And I wondered when such movies are made, if profits really go to widows of paramilitary forces or the war widows. I want to make sure a part of it goes for their welfare. I will not keep a penny with me. My purpose is not at all commercial.”
Two new applications come in
On May 8, two more applications for the trademark were filed.
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The first one was at 1.11 pm by Kochi resident Jayaraj T. He sought trademark registration under Class 9 (for protection for brand names, logos, and slogans used on electronic and scientific products) as well as under Class 41.
Under Class 9, Jayaraj has sought branding rights over a range of instruments, including fire extinguishers, diving apparatus, scientific instruments etc. He is also seeking rights over the wordmark of ‘Operation Sindoor — Sindoora Yuddham’ as well as over a modified version of the Operation name image released by the Indian Army with text over the image, additionally mentioning ‘Sindoora Yuddham’.
The other application, filed by Surat-residing ad film-maker Uttam Jaju, was filed minutes later at 1.29 pm. He sought registration under Class 41 for use of the wordmark ‘Operation Sindoor’ in films, and other content for entertainment, as well as for trademark use for arranging “award ceremonies and gala evenings” for entertainment purposes, as well as for major corporations and individuals “who have made significant charitable contributions”.
Jaju, who has worked in the event management industry earlier and has recently turned filmmaker, says he is “already in talks for a Hindi feature film”.
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Deeksha Anand, partner, and Ayush Dixit, senior associate, at Sujata Chaudhri IP Attorneys said India, like the US, uses the ‘first-to-use’ principle in trademarks. “If, say, four people are claiming the right over one mark, the law has been developed such that the person who has evidence to show use of the mark for their goods and services will have superior rights.”
However, in the case of ‘Operation Sindoor’, the applications have been filed for the ‘propose to be used’ basis.
Anand and Dixit said, “This is an event in history and thus one cannot claim exclusive rights, the mark may not be capable of protection for exclusive rights.”
As Section 9 of the Trademark Act, 1999 notes, a trademark cannot be registered only if “it is of such nature as to deceive the public or cause confusion; contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; comprises or contains scandalous or obscene matter; or if its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).”
