KFC "Chicken Zinger" can be trademarked: Delhi High Court

The Delhi High Court recently paved the way for fast food chain, Kentucky Fried Chicken (KFC) to move forward with securing the registration of "Chicken Zinger" as a trademark [Kentucky Fried Chicken International Holdings LLC v. The Registrar of Trademarks]. .To this end, Justice Sanjeev Narula set aside a December 2018 order by the Senior Examiner of Trademarks refusing to accept an application by KFC to trademark "Chicken Zinger.".The Trademarks officer had refused to accept KFC's application on finding that "Chicken Zinger" was a descriptive term and, therefore, not eligible to be classified as a trademark as per Section 9(1)(b) of the Trademarks Act..KFC challenged this order before the Delhi High Court The High Court opined that the use of the word "Zinger" along with "Chicken" could, at best, be considered suggestive of the product. ."Subject mark comprises 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”.1 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," the Court reasoned. .The Court also noted that KFC already held trademark registrations for other marks involving the word "Zinger" in the same class under which the trademark for "Chicken Zinger" was sought (Class 29). Hence, the Court said that the objection to the registration of "Chicken Zinger" as a trademark may have stemmed from use of the generic word, "Chicken." The Court clarified that KFC could not stake any exclusive claim over the term "Chicken", adding that KFC had not sought to claim any such right. Hence, the judge proceeded to allow KFC's appeal and set aside the Trade Mark Registry's December 2018 order. The Trademark authorities were directed to advertise the trademark applied for, that is, "Chicken Zinger" in the trademark journal within three months, along with a disclaimer that KFC has no exclusive rights over the term "Chicken"..KFC was represented by advocates Prithvi Singh and Rohan Krishna Seth. The Registrar of Trademarks was represented by Central Government Standing Counsel, Harish Vaidyanathan Shankar and advocates Srish Kumar Mishra, Sagar Mehlawat and Alexander Mathai Paaikaday..[Read Order]