KFC ‘Chicken’ has no exclusive right: Delhi High Court
KFC ‘Chicken’ : Delhi High Court settled the issue of KFC and its exclusive right over ‘chicken’ in its recent judgment. The beloved chain of fast foods, KFC (Kentucky Fried Chicken) International Holdings had challenged an order made on 24th December, 2018, and the Statement of Grounds of decision dated 31st December, 2018, passed Senior Examiner of Trademarks where KFCs application to mark “Chicken Zinger” in class 29 had been refused.
Reasons for rejection of trademark by the Senior Examiner
The examiner had refused the registration of “Chicken Zinger” under Section 9(1)(b) of the Act as the mark is “descriptive of characteristics of the goods or services under which it was applied.”
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What does the Court say?
Justice Sanjeev Narula, who was hearing the appeal made several important points.
The court noted that the mark “CHICKEN ZINGER” was made of two words- “CHICKEN” and “ZINGER”. 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”.
The court further said, “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.” As KFC already has trademarks for words like “Zinger” and “Paneer Zinger” in Class 29 itself, it highlighted that “the “objection under Section 9(1)(b) of the Act seems to be based on the use of the word “CHICKEN” over which, Appellant cannot have any exclusivity and no such claim is being asserted.”
It directed the Trademark Registry to proceed with the advertisement of KFC’s application for registering the mark “CHICKEN ZINGER” within three months and make its own judgment on the application. It also impugned the orders of 24th December 2018 and Statement of Grounds dated 31st December, 2018.
However, the court made it clear that KFC has no exclusive rights on the word “CHICKEN”.
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