The Delhi High Court has made a ruling in response to an appeal by KFC – Kentucky Fried Chicken International Holdings LLC, a multinational fast food restaurant chain known for its fried chicken. The dispute was regarding the registration of “Chicken Zinger” as a trademark for the company.
The Senior Examiner of Trademarks had previously rejected the application for registration of “Chicken Zinger” as a trademark, and the court has now overturned this decision. The court has stated that KFC cannot claim exclusive rights to the word “chicken” and has directed the Trademark Registry to proceed with the advertisement of the registration application for “Chicken Zinger” within three months.
The court noted that the “Chicken Zinger” mark is composed of two words, “Chicken” and “Zinger,” which do not have an immediate connection. 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.” The use of “Zinger” with “Chicken” does not instantly connect to the goods or services and can be considered suggestive at best.
The court also pointed out that KFC already holds registration for the word marks “Zinger” and “Paneer Zinger.” The rejection of the registration for “Chicken Zinger” appeared to be based on the use of the word “Chicken,” over which the restaurant chain cannot claim exclusivity, and no such claim was being made.
Overall, this legal case highlights the importance of trademarks and the need for companies to carefully consider their choice of brand names and logos to avoid potential legal disputes. It also demonstrates the role of the courts in interpreting and applying trademark law to ensure fair competition in the marketplace.
