''OPERATION SINDOOR' CAN'T BE COMMERCIALLY EXPLOITED': PLEA IN SUPREME COURT TO BAR TRADEMARK REGISTRATION OF OPERATION SINDOOR:

A Public Interest Litigation (PIL) has been filed before the Supreme Court of India seeking to restrain and bar the registration of the trademark “Operation Sindoor,” a term that has been widely associated with India’s recent military operations targeting terrorist infrastructure across the border in Pakistan. The petitioner, Dev Ashish Dubey, has approached the apex court through this writ petition, expressing serious concern over what he describes as an attempt to commercialize a term that is intrinsically linked to national security, the armed forces, and matters of grave public importance. The PIL argues that allowing such a term to be trademarked, especially for commercial exploitation, would not only be unethical but would also amount to an insult to the spirit of the armed forces and the sanctity of military operations carried out in the national interest.

According to the petition, five individuals have submitted separate applications for the trademark registration of the name “Operation Sindoor” under Class 41 of the Trade Marks Act, 1999. Class 41 primarily covers services related to education, training, entertainment, sporting, and cultural activities. The petitioner contends that the applicants’ intent appears to be the commercial use of a term that should ideally remain in the public domain due to its national and symbolic relevance. The trademark applications were made through Form TM-1 and have been filed with trademark offices located in different regions across India.

The individuals named as respondents in the PIL are: Mukesh Chetram Agrawal from Mumbai; Group Captain Kamal Singh Obreh (Retd), a resident of Jammu & Kashmir; Alok Kothari from Delhi; Jayraj T from Kerala; and Uttam from Gujarat. The applications were submitted to the Trademark Registries situated in New Delhi, Mumbai, Chennai, and Ahmedabad. The petitioner has urged the Court to intervene and issue appropriate directions to the Trademark Registry to reject or halt any proceedings related to these applications. He further argues that permitting such a trademark to be registered under categories related to entertainment and education would set a dangerous precedent, paving the way for future attempts to exploit terms associated with national defense and public sentiment for personal or commercial gain.

Citing the concerns over misusing the public sentiment attached to the ongoing conflict and the Indian Military's efforts in the Operation, the petition states:

"The Operation Sindoor involves the emotions of not only of the country man but also of those who have sacrificed their life for the country and in the instant killing of innocent civilians in Pahalgam Terror Attack on 22.04.2025 have sparked nation wide outrage." "The said operation under the Operation Sindoor should not be allowed to be misused for commercial exploitation by the Respondent No. 10 to 14 who only want to take an advantage of the public emotion for their own commercial gain."

The plea also stresses that as per S.9 of the TM Act, such an issuance of a Trademark will not be allowed. "Needless to say that even otherwise the registration of the said name under the name and style Operation Sindoor cannot be allowed under Section 9 of the Trademark Act, 1999"

Notably, Reliance Industries Limited, owned by Mukesh Ambani, had also submitted an application before the Trade Marks Registry on Wednesday, May 7, seeking the registration of “Operation Sindoor” as a word mark. However, following widespread public backlash and criticism over the move, the company promptly withdrew the application. In an official statement, Reliance clarified that the application had been mistakenly filed by a junior employee without obtaining the necessary internal approvals, and corrective action was taken immediately upon discovering the error.

In the Public Interest Litigation filed before the Supreme Court, the petitioner has sought the following reliefs:

(a) The issuance of a writ of mandamus or any other appropriate writ, order, or direction directing Respondent Nos. 6 to 9 (the Trademark Registries) not to allow the registration of the trademark under the name and style “Operation Sindoor,” as filed by Respondent Nos. 10 to 14 (the private applicants);

(b) The issuance of a writ of mandamus or any other suitable writ, order, or direction commanding Respondent Nos. 6 to 9 to remove or delete all applications for the registration of the trademark “Operation Sindoor” filed by Respondent Nos. 10 to 14 from the official records.