KFC Has No Exclusive Right Over Use Of Word ‘Chicken’: Delhi High Court

KFC, or Kentucky Fried Chicken, is among the hottest quick meals chains in India. The main purpose for its reputation is that KFC provides a novel style and flavour that many Indians discover interesting. The use of various spices and herbs within the preparation of fried rooster provides it a definite style that units it aside from different quick meals choices. Speaking of fried rooster, their ‘rooster zinger’ burger has grow to be a preferred and iconic menu merchandise at KFC. However, in a current order, the Delhi High Court has acknowledged that the American quick meals chain can not declare unique trademark rights over the phrase ‘rooster’. 

According to PTI, the courtroom’s commentary got here on an attraction by Kentucky Fried Chicken International Holdings LLC towards the refusal by a senior examiner of emblems to register ‘Chicken Zinger’ as its trademark. Setting apart the order, the courtroom directed the trademark registry to proceed with the commercial of KFC’s software for registration of the mark ‘Chicken Zinger’, inside three months. The courtroom additional acknowledged that the registry ought to resolve any opposition to KFC’s software by itself deserves, uninfluenced by observations made by it.

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“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 the subject mark and also if the subject mark ultimately proceeds for registration,” mentioned Justice Sanjeev Narula in a current order. The courtroom noticed that the mark in query consisted of two phrases -“Chicken” and “Zinger” and their use collectively “does not draw an instant connection”.

The dictionary which means of ‘Zinger’ is ‘a factor outstandingly good of its sort’ or ‘a wisecrack; punch line’ or ‘a shock query; an surprising flip of occasions’. Use of ‘Zinger’ at the side of ‘Chicken’ doesn’t draw an on the spot reference to the form of items/ providers and should at greatest, be thought of suggestive,” noted the court.

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The court further observed that KFC nonetheless holds the 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 ‘Chicken’, over which, the restaurant chain cannot have any exclusivity and no such claim was also being asserted.