An Indian court has ruled that the multinational fast food chain KFC cannot claim exclusivity in the use of the word “chicken.” The Delhi High Court’s ruling followed a Kentucky Fried Chicken International Holdings LLC appeal against the Senior Examiner of Trademarks’ denial of the company’s request to register “Chicken Zinger” as a trademark, as reported by PTI.
The court ordered the Trademark Registry to publish an advertisement in connection with the registration application for the mark “Chicken Zinger” and to address any opposition to the registration within three months.
“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 the subject mark and also if subject mark ultimately proceeds for registration,” said Justice Sanjeev Narula in a recent order.
The court observed that the mark in focus consisted of two words– “Chicken” and “Zinger” and their use together “does not draw an instant connection”, as reported by PTI.
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“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 also noted that KFC has continued to register the word marks “Zinger” and “Paneer Zinger,” and that the denial of registration for “Chicken Zinger” appeared to be motivated by the use of the term “Chicken,” over which the restaurant chain cannot claim exclusivity.
(With inputs from agencies)
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