A Public Interest Litigation (PIL) has been filed in the Supreme Court against the filing of multiple trademark applications for the term ‘Operation Sindoor,’ the name of India’s ongoing military operation against Pakistan.
Soon after the Government of India made the name of the operation public, 12 entities or persons, including Reliance, moved the Trademark Registry seeking exclusive rights under Class 41, which covers education, entertainment, cultural and media services.
This led to public outrage, with Reliance eventually withdrawing its application.
Filed by Advocate Dev Ashish Dubey, a
practicing lawyer based out of Delhi, the petition alleged that such attempts to seek the trademark registration for the military operation name sought to exploit public sentiment and the nation’s grief for commercial gain.
The plea further submitted that ‘Operation Sindoor,’ which was initially undertaken to avenge the killings of tourists in Pahalgam, held deep emotional value, especially for the families of martyred soldiers.
The name symbolised the sacrifice of widows, metaphorically linked with ‘sindoor,’ a traditional mark of marriage in India.
Moved by Advocate Om Prakash Parihar, the petition contended that such attempts to seek trademark registration of the name was not only insensitive but also in direct violation of Section 9 of the Trade Marks Act, 1999, which prohibited registration of terms likely to hurt public sentiment or that lack distinctiveness in a commercial context.
The petitioner requested the top court of the country to restrain the authorities from proceeding with such trademark registration so as to prevent the commercialization of a name associated with national sacrifice and military valor.
The plea contended that the matter raised significant questions around ethical boundaries in intellectual property law, particularly when national security and public emotion intersect.
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