The Delhi High Court has ruled that the international fast food restaurant chain KFC cannot assert any exclusive rights in relation to the use of the word “chicken.” The court’s finding was made in response to an appeal filed by Kentucky Fried Chicken International Holdings LLC against the Senior Examiner of Trademarks’ denial of its request to register “Chicken Zinger” as a trademark.
Disclaimer to be reflected at the time of advertisement:
The court vacated the order but 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 has been made clear that the appellant shall not be holding any exclusive rights in the word ‘Chicken.'” “Trademarks Registry shall reflect this disclaimer at the time of the advertisement of the subject mark and also if the subject mark ultimately proceeds for registration,” wrote Justice Sanjeev Narula in a recent order.
Words “chicken” & “zinger” do not draw any instant connection:
The court noted that the incongruous mark was made up of the words “Chicken” and “Zinger,” and that their use collectively “does not draw an instant connection.”
“The dictionary definition of ‘Zinger’ is ‘a thing outstandingly good of its kind,’ ‘a wisecrack, punch line,’ ‘a surprise question, an unexpected turn of events,” and ‘a wisecrack,” among other things. Use of “Zinger” and “Chicken” does not immediately connote the type of goods or services and may, at best, be viewed as suggestive, the court pointed out.
The court went on to say that KFC still has registration for the word marks “Zinger” and “Paneer Zinger,” and that the rejection of registration for “Chicken Zinger” appeared to be based on the use of the word “Chicken,” over which the restaurant chain cannot have any exclusivity, and that no such claim was also being made.
