The Delhi High Court on Wednesday ruled that the multinational fast food chain KFC cannot lay claim to the word "chicken" as an exclusive right. The court made this observation while hearing an appeal by Kentucky Fried Chicken International Holdings LLC against the Senior Examiner of Trademarks' refusal to register "Chicken Zinger" as its trademark.
The court has set aside the order and directed the Trademark Registry to proceed with the advertisement of the registration application for the mark "Chicken Zinger" within three months, and to decide on any opposition to the registration.
"It is clarified that Appellant shall not have any exclusive rights in the word 'Chicken'. Trademarks Registry shall reflect this disclaimer at the time of advertisement of subject mark and also if subject mark ultimately proceeds for registration," said Justice Sanjeev Narula in a recent order.
"The Trademarks Registry has been directed to reflect this disclaimer at the time of advertisement of the subject mark and also if the subject mark ultimately proceeds for registration," he added.
Further, Narula noted that the use of "Zinger" in conjunction with "Chicken" did not instantly connect to the goods or services provided.
"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'. Use of 'Zinger' in conjunction with 'Chicken' does not draw an instant connection with the kind of goods/ services and may at best, be considered suggestive," noted the court.
The court went on to say that KFC still has registration for the word marks "Zinger" and "Paneer Zinger," and that the rejection of registration for "Chicken Zinger" appeared to be based on the use of the word "Chicken," over which the restaurant chain cannot have any exclusivity, and that no such claim was also being made.
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