KFC has no exclusive trademark right over word ‘Chicken’: Delhi High Court

The high court, in its February 7 order, observed that the subject mark comprises two words – “CHICKEN” and “ZINGER”. It said that 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”.

Allowing KFC’s plea, the court said that the use of the term “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 further said that KFC already holds trademark registration for the words “ZINGER” and “PANEER ZINGER” in Class 29 itself.

“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,” the court noted. Section 9(1)(b) of the Trademark Act prohibits the registration of descriptive trademarks, where the mark exclusively consists of marks or indications used in trade to designate the quality, intended purpose, nature of the goods.

Setting aside the orders of the Senior Examiner, the court directed the Trademark Registry to proceed with the advertisement of KFC’s application for registration of the mark “CHICKEN ZINGER”, within three months. The court said the Registry should decide any opposition to KFC’s application on its own merits, uninfluenced by observations made by it.

“It is clarified that Appellant shall not have any exclusive rights in the word “CHICKEN”. Trademarks Registry shall reflect this disclaimer at the time of advertisement of subject mark and also if subject mark ultimately proceeds for registration,” the court directed.