OPERATION SINDOOR TRADEMARK CONTROVERSY

A PIL (Public Interest Litigation) was filed before the Supreme Court of India, requesting to prevent the registration of the trademark ‘Operation Sindoor’, claiming worries over the commercial abuse or exploitation of the name of a sensitive military operation associated with India’s ongoing anti-terror operations. Dev Ashish Dubey filed the PIL, seeking to prevent the applicants from proceeding with their trademark applications under Class 41, which includes education and entertainment services, across multiple regional Trademark Registries.

What is ‘Operation Sindoor’?

‘Operation Sindoor’ is a name given by the Indian Government to India’s mission against terrorist bases in Pakistan and Pakistan-occupied Kashmir following the 22 April 2025 attack on 26 civilians in Pahalgam, Jammu and Kashmir. In response to the terror attack in Pahalgam, Indian forces launched missile attacks against 9 precise terror targets in Pakistan and Pakistan-occupied Kashmir early on May 7, 2025. India’s attack was retaliatory, measured, and non-escalatory. The targets of this strike included several launchpads and terrorist bases, including a base of Lashkar-e-Taiba in Muridke and the Jaish-e-Mohammad stronghold of Bahawalpur.

Background

Reliance India Limited (RIL), amongst 6 other applicants, applied for trademark registration for the mark ‘Operation Sindoor’ under trademark Class 41, which includes services inter alia“education and entertainment”.

Besides RIL, six additional applicants have applied for the mark ‘Operation Sindoor’. All of the applicants listed below filed for registration under Class 41 and one under Class 41 and Class 09 both, of the Nice Classification on May 7 between 10:42 a.m. and 6:27 p.m., which includes education and training services, film and media production, live performances and events, digital content delivery and publishing, and cultural and sporting activities.

Other entities that applied for a trademark for ‘Operation Sindoor’:

1. Mukesh Chetram Agrawal

It’s said the applicant filed the second application on May 7, seeking to register both the wordmark and the image under Class 41.

2. Kamal Singh Oberh, a retired Group Captain and Air Force Officer

It’s said the applicant applied for a trademark for the entire phrase “Operation Sindoor”. The trademark would be used for “entertainment, film production, cultural activities, and web series production,” according to the application.

3. Alok Kumar Kothari

Another application was filed by Alok Kumar Kothari, a Delhi-based lawyer. He sought to use the wordmark to promote “education, training, entertainment, sports, and cultural activities.”

4. Prabhleen Sandhu

On May 7, Mumbai-based Prabhleen Sandhu, the producer of Almighty Motion Pictures, applied for a wordmark for ‘Operation Sindoor’, primarily for entertainment purposes.

 5. Jayaraj T

Filed under both Class 41 and Class 09- reflecting a wider use in technology and media.

6. Uttam Jaju

Uttam Jaju, a Surat-based ad filmmaker, filed another application on May 8. Jaju requested registration under Class 41 to use the wordmark ‘Operation Sindoor’ for entertainment purposes, as well as a trademark use for arranging “award ceremonies and gala evenings” for entertainment purposes, as well as major corporations and individuals who have made significant charitable contributions.

Petitioner’s contention

The petitioner claims that the name “Operation Sindoor,” which refers to the Indian military’s operation against terror infrastructure in Pakistan, is deeply symbolic and linked to national sentiment, particularly on the night of April 22, 2025, the Pahalgam terror attack, which killed innocent civilians.

In the application, it was contended that “The operation involves the emotions of not only the countrymen but also of those who have sacrificed their lives for the nation.”
It contends that allowing the trademarking of “Operation Sindoor” for commercial or entertainment purposes would be exploiting the public sentiment and dishonoring the sacrifice of soldiers.

The petition also points to Section 9 (Absolute ground for refusal) of the Trade Marks Act of 1999, which prohibits or restricts the registration of names that may be offensive to the public sentiment or be detrimental to the national interests.

Reliance’s contention in the application for ‘Operation Sindoor’

Under Class 41, trademarks grant the right to exclusively utilize the word-type trademark. According to the application’s goods and services description, Reliance intended to use it for entertainment purposes, such as the production, presentation, and distribution of audio, video, or still and moving images and data using the trademark. Reliance eventually withdrew their trademark application for ‘Operation Sindoor’, noting that it has no intention of “trademarking ‘Operation Sindoor’, a phrase which is now a part of the national consciousness as an evocative symbol of Indian bravery”.

It further clarifies stating that “Jio Studios, a unit of Reliance Industries, has withdrawn its trademark application, which was filed inadvertently by a junior person without authorisation”. It also contended that, “Reliance Industries and all its stakeholders are incredibly proud of ‘Operation Sindoor’, which came about in response to a Pakistan-sponsored terrorist attack in Pahalgam. Operation Sindoor is the proud achievement of our brave Armed Forces in India’s uncompromising fight against the evil of terrorism. Reliance stands fully in support of the government and Armed Forces in this fight against terrorism. Our commitment to the motto of ‘India First’ remains unwavering.”Statement issued by Reliance https://x.com/RIL_Updates/status/1920415039489446161

Legal context of the case

Although there are no as such explicit restrictions that restrict individuals or entities from applying for a trademark application, which are mainly associated with military operations and government terms.

The Government of India has the right to oppose such applications under Sec 9 (2) (c), (d)of TMA,1999.

Section 9(2) (c), (d)in The Trade Marks Act, 1999

(2)A mark shall not be registered as a trademark if—

(c)It comprises or contains scandalous or obscene matter;

(d)Its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950). (Sec 4 (b) of the act states, register a trademark or design which bears any emblem or name,)

As the application alleges that the said trademark application is violative of Section 9 of the Trademarks Act, 1999, which talks about the absolute ground for the refusal of a trademark application. It prohibits or restricts the registration of marks which are misleading, scandalous, harmful to public order or decency, or hurt the religious sentiments of the public. “The said name cannot be allowed to be registered as it conflicts with the public interest and sentiments,” the petition claimed.

In Conclusion

The petitioner, via his legal team, AOR Om Prakash Parihar and Advocate Dushyant Tiwari, has demanded two major steps from the court. A direction to restrict or stop the Trademark Registry from further registering the word ‘Operation Sindoor’ that is filed by private individuals. A directive to remove all current trademark applications for the same from the registry.

Author: Suhani Sharma