“Operation Sindoor” the May 7 cross-border military strike launched by India following the Pahalgam terror attack by Pakistani operative. It sparked international interest and attention quickly evoking traditional Indian notions of sacrifice and valour.
And soon there was a race to convert it into intellectual property.
All in the name of patriotism? NOPE.
At least four players saw ‘Operation Sindoor’ as bonanza to mint money. Or shall I say to profit from the ‘Sindoor’ of widows and mothers of innocent Hindus killed in the 22 April terror attack in Pahalgam in Jammu and Kashmir in India.
All of them, BT believes wanted to secure the name for OTT ventures to make money.
The four applicants were — Reliance Industries, Mukesh Chetram Agrawal of Mumbai, retired Indian Air Force Officer Group Captain Kamal Singh Oberh, and Delhi-based lawyer Alok Kothari.
Each application was marked with the phrase “proposed to be used”. That in the ordinary course of business indicates plans to deploy it for commercial purposes.
It is not surprising that all four applicants filed the registration of ‘Operation Sindoor’ under Class 41 of the Nice Classification, which includes:
- Education and training services
- Film and media production
- Live performances and events
- Digital content delivery and publishing
- Cultural and sporting activities
This is often used by those who create content for OTT platforms, production houses, broadcasters, and event companies. It will be no surprise to soon see “Operation Sindoor” being promoted as an upcoming film title, web series or docu-drama.
Importance of Class 41:
Class 41 is crucial for protecting trademarks in the education, entertainment, and cultural sectors. By registering trademarks in this class, businesses can secure legal protection for their brand names, logos, and other distinctive elements used in these industries.
It is interesting to note that Reliance Industries / Jio Studios acted lightening fast. The operation by the army was launched at 1.05am. At 10.42am, in less than 10 hours, Reliance had filed the application. The other three applicants followed soon. Mukesh Chetram Agrawal of Mumbai at 11.27am, Captain Kamal Singh Oberh at 12.16pm, and lawyer Alok Kothari at 6.27pm.
Under the Indian laws military operation names like “Operation Sindoor” are not automatically protected as intellectual property by the government. However, under the Trade Marks Act 1999 the registry can reject trademarks if deemed misleading, offensive or contrary to public policy.
Section 9(2) – Absolute Grounds for Refusal:
- Deceptive or Confusing: A mark will not be registered if it is likely to deceive the public or cause confusion.
- Religious Offensiveness: Marks that could hurt the religious susceptibilities of any class or section of Indian citizens are not registrable.
- Scandalous or Obscene Matter: Marks containing scandalous or obscene matter are not registrable.
Section 11 – Relative Grounds for Refusal:
- Similarity to Existing Trademarks:
A mark may be refused if it is similar to an earlier trademark, and the goods or services covered by the trademarks are identical or similar, creating a likelihood of confusion.
- Likelihood of Confusion:
The key factor is whether the public would be likely to be confused or misled into thinking that the goods or services associated with the proposed mark are the same as those of the earlier trademark.
- Unfair Advantage or Detriment:
Registration may be refused if the proposed mark would unfairly benefit from the reputation of an earlier trademark or cause detriment to its distinctive character.
- Other Factors:
Section 11 also considers other relevant factors, such as the likelihood of association between the marks, the reputation of the earlier trademark, and the strength of the earlier trademark.
Withdrawal by Reliance
Reliance however on Thursday withdrew its application to Trademark ‘Operation Sindoor’, blaming it as an error on ‘some’ junior operative of the group operating without authorization. It wrote to the registry in Mumbai saying:
“Sir, We write with reference to the subject matter. We hereby withdraw our application no. 6994264 in class 41 filed for the mark Operation Sindoor. You are requested to take the withdrawal letter on record and pass the order treating the application as withdrawn.”
In addition, Reliance also took to X (formerly Twitter) to confirm its decision to withdraw its earlier trademark application:
“Reliance Industries has no intention of trademarking Operation Sindoor, a phrase which is now a part of the national consciousness as an evocative symbol of Indian bravery.
Jio Studios, a unit of Reliance Industries, has withdrawn its trademark application, which was filed inadvertently by a junior person without authorisation. Reliance Industries and all its stakeholders are incredibly proud of Operation Sindoor, which came about in response to a Pakistan-sponsored terrorist attack in Pahalgam.
Operation Sindoor is the proud achievement of our brave Armed Forces in India’s uncompromising fight against the evil of terrorism. Reliance stands fully in support of our Government and Armed Forces in this fight against terrorism. Our commitment to the motto of ‘INDIA FIRST’ remains unwavering.”