KFC Has No Exclusive Right In Word ‘Chicken’ But Trademark Registry Can Consider Its Application For ‘Chicken Zinger’: Delhi High Court

The Delhi High Court has said though American fast food restaurant chain Kentucky Fried Chicken (KFC) has no exclusive right on the word “Chicken”, the trademark registry can consider its application for registration of mark “Chicken Zinger” in Class 29.

Justice Sanjeev Narula was hearing an appeal moved by Kentucky Fried Chicken International Holdings challenging an order dated December 24, 2018, and Statement of Grounds of decision passed by Senior Examiner of Trademarks, refusing its application for registration of the mark “CHICKEN ZINGER.”

The Senior Examiner had refused registration of the mark under section 9(1)(b) of the Trademarks Act, holding the mark “CHICKEN ZINGER” to be descriptive of characteristics of the goods or services under which it was applied.

KFC has registrations of other trademarks including Zinger, Hot Zinger, Paneer Zinger, Zinger Festival and Tower Zinger. It also has the registration of 'Chicken Zinger' but in Class 30.

Allowing the appeal, the court noted that the mark comprises of two words – “CHICKEN” and “ZINGER” and that 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”.

It said that the use of the word “ZINGER” in conjunction with “CHICKEN” does not draw an instant connection with the kind of goods or services or can’t be considered as suggestive.

“Further, Appellant holds registration of the word marks “ZINGER” and “PANEER ZINGER” in class 29 itself. Objection under Section 9(1)(b) of the Act seems to be based on the use of the word “CHICKEN”, over which, Appellant cannot have any exclusivity and no such claim is being asserted,” it said.

Setting aside the impugned order and statement of grounds of decision, the court directed the Trademark Registry to proceed with advertisement of KFC’s application for registration of the mark “CHICKEN ZINGER”, within three months.

The court said that any opposition to the application shall be decided by the Registry on its own merits uninfluenced by observations made by it.

“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 subject mark and also if subject mark ultimately proceeds for registration,” it said.

Title: KENTUCKY FRIED CHICKEN INTERNATIONAL HOLDINGS LLC v. THE REGISTRAR OF TRADE MARKS

Citation: 2023 LiveLaw (Del) 151

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