Multinational fast food restaurant chain KFC cannot claim any exclusive rights in relation to the use of the word 바카라chicken바카라, the Delhi High Court has said.
The court's observation came on appeal by Kentucky Fried Chicken International Holdings LLC against the refusal by the Senior Examiner of Trademarks to register 바카라Chicken Zinger바카라 as its trade mark. While setting aside the order, the court directed the Trademark Registry to proceed with the advertisement in relation to registration application for the mark 바카라Chicken Zinger바카라 within three months and decide any opposition to the registration.
바카라It is clarified that Appellant shall not have any exclusive rights in the word 바카라Chicken바카라. Trademarks Registry shall reflect this disclaimer at the time of advertisement of subject mark and also if subject mark ultimately proceeds for registration,바카라 said Justice Sanjeev Narula in a recent order.
The court observed that the mark in question consisted of two words 바카라 바카라Chicken" and 바카라Zinger" and their use together 바카라does not draw an instant connection바카라. 바카라The 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'. 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,바카라 noted the court.
The court further observed that KFC nonetheless holds registration of the word marks 'Zinger' and 'Paneer Zinger' and the rejection of registration for 'Chicken Zinger' seemed to be based on the use of the word 바카라Chicken', over which, the restaurant chain cannot have any exclusivity and no such claim was also being asserted.
