Evolving standards of public morality and "scandalous"

In a significant decision highlighting the evolving standards of public morality and "scandalous" matter in intellectual property, the Trade Marks Registry recently accepted the registration of the mark "CHUTIYARAM" for an FMCG company. The core of the judgment rested on the interpretation of Section 9(2)(c) of the Trade Marks Act, 1999, which prohibits marks that contain "obscene or scandalous matter."

The Registry’s acceptance suggests a shift toward a more contextual and liberal interpretation of language. While the term may be considered a colloquialism or profanity in certain social contexts, the legal threshold for "obscenity" requires the mark to be so offensive that it shocks the moral conscience of the public or depraves the mind. By allowing the mark, the Registry implicitly acknowledged that:

Linguistic Evolution: Words that were once strictly taboo are now frequently used in contemporary pop culture and digital branding.

Commercial Intent: In the absence of evidence that the mark was intended to incite public disorder or target a specific community maliciously, the right to trade under a chosen brand name was upheld.

Target Audience: The FMCG sector is broad, and the Registry likely determined that the average consumer would view the mark as a quirky or edgy branding choice rather than a legitimate threat to public morality. 

Read more here.