The Delhi High Court has ruled that Kentucky Fried Chicken (KFC), a reputed American fast food restaurant chain has no exclusive right on the word “Chicken”.
However, the Court opined that the application for registration of the mark “Chicken Zinger” in Class 29 can be considered by the Trademark registry.
An Application was preferred by KFC for registration of the mark “Chicken Zinger”. However, the said application was rejected by the Senior Examiner of Trademarks; hence, an appeal against this was preferred.
The Senior Examiner rejected the application holding that the mark “Chicken Zinger” was descriptive of the characteristics of goods and services under which it was applied. It was ruled that the said term was not eligible for trademark as per Section 9(1)(b) of the Trademarks Act, 1999.
In the appeal preferred before the Delhi High Court, the Bench expounded that the use of “Zinger” along with “Chicken” can at best be considered suggestive of the product.
Further, it was observed that the subject mark has 2 words, “Zinger” and “Chicken”.
“The dictionary meaning of “Zinger” is “a thing outstandingly good of its kind” or “a wisecrack; punch line” or “a surprise question; an unexpected turn of events.”
Hon’ble Justice Sanjeev Narula clarified that the Appellant has no exclusivity over the word “Chicken” and no such claim has been asserted.
The High Court allowed the appeal and directed the Trademark Registry to consider the application for “Chicken Zinger” in Class 29.
Case Title: Kentucky Fried Chicken International Holdings LLC v. The Registrar Of Trade Marks
Coram:Hon’ble Mr. Justice Sanjeev Narula
Case No.:C.A. (COMM IPD- TM) 56/2022
Advocates for Appellant:Advs. Mr. Prithvi Singh, Mr. Roshan Krishna Seth
Advocates for Respondent:Advs. Mr. Harish Vaidyanathan Shankar, Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat, Mr. Alexander Mathai Paaikaday
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