Introduction 

The term "Operation Sindoor," which designates India's military strikes against terror bases in Pakistan and Pakistan-occupied Kashmir, has become the subject of multiple trademark applications filed with the Indian Trademark Registry. As of 11th May, 2025, approximately twenty-five applications have been filed seeking registration of "Operation Sindoor" and its variants across various classes of goods and services. This document analyzes the legal issues surrounding these applications, with particular focus on the applications filed under Class 41 (Education; Providing of training; Entertainment; Sporting and cultural activities). 

Factual Background 

Trademark Applications Filed 

On 7th May, 2025, within hours of the Indian military strikes being publicly announced, multiple applications were filed with the Controller General of Patents, Designs and Trademarks: 

1. Jio Studios (Reliance Industries Ltd): Filed at 10:42 AM under Class 41 
2. Mukesh Chetram Agrawal: Filed at 11:25 AM under Class 41 for wordmark and image 
3. Retired Group Captain Kamal Singh Oberh: Filed at 12:16 PM under Class 41 
4. Advocate Alok Kumar Kothari: Filed at 6:27 PM under Class 41 

On 8th May, 2025, additional applications were filed: 

• Jayaraj T: Filed at 1:11 PM under Classes 9 and 41 
• Uttam Jaju: Filed at 1:29 PM under Class 41 
• Prabhleen Sandhu (Almighty Motion Picture): Filed on May 8 under Class 41 

By 9th May, 2025, six more applications were filed for various wordmarks including "Sindoor TV," "Ops-Sindoor," "Operation Sindoor-1," "Operation Sindoor," "Sindoor," "Sindoor The Revenge," and "Operation Sindoor -Elimination of Terrorism." 

Public Response and Actions 

• Reliance Industries Ltd: Withdrew its application and issued a statement claiming it was "filed inadvertently by a junior person without authorization" 
• Public Outcry: Significant public criticism emerged over perceived attempts to commercialize a symbol of national pride and military valor 
• Legal Challenge: A Public Interest Litigation (PIL) has been filed in the Supreme Court by advocate Dev Ashish Dubey against attempts to trademark 'Operation Sindoor'

Law Surrounding Trademark Registration 

Legal Framework for Trademark Registration in India 

The registration and protection of trademarks in India is governed by the Trademarks Act, 1999 and the Trademarks Rules, 2017. The following provisions are particularly relevant to the "Operation Sindoor" applications: 

• Section 9 of the Trademarks Act, 1999: Absolute Grounds for Refusal 
  • Section 9(1) prohibits registration of marks that: 
    • Are devoid of distinctive character 
    • Consist exclusively of marks or indications which designate characteristics of goods/services 
    • Consist exclusively of marks or indications that have become customary in trade
  • Section 9(2) prohibits registration of marks that: 
    • Are of such nature as to deceive the public or cause confusion 
    • Contain or comprise matter likely to hurt religious susceptibilities 
    • Comprise or contain scandalous or obscene matter 
    • Have prohibited use under the Emblems and Names (Prevention of Improper Use) Act, 1950 
• Section 11: Relative Grounds for Refusal 
  • This section provides that the first to use or the first to file for registration will be granted the trademark, subject to other provisions of the Act. 
• The Emblems and Names (Prevention of Improper Use) Act, 1950 
  • Section 3 prohibits the use of certain specified names or emblems for commercial purposes without prior permission from the Central Government. 
  • Clause 7 of the Schedule prohibits the use of any name that suggests or implies patronage of the Government of India or connection with any government body. 

Registration Process 

Unlike domain name registration which operates on a simple "first-come, first-served" basis, trademark registration involves: 

• Filing an application 
• Formal examination 
• Substantive examination for compliance with the Act 
• Publication in the Trademark Journal 
• Opposition period (if any) 
• Registration 

This process typically takes 8-15 months and includes multiple levels of scrutiny. 

Legal Analysis of Operation ‘Sindoor’ Applications 

Potential Grounds for Refusal 

The applications for "Operation Sindoor" are likely to face several legal obstacles: 

• Lack of Distinctive Character (Section 9(1)(a)) 
  • "Operation Sindoor" has quickly become a descriptive term for a specific military operation. 
  •  Applicants would need to demonstrate that the term has acquired distinctiveness through use, which is unlikely given the recent events. 
• Hurt to Public Sentiment (Section 9(2)(b)) 
  • While Section 9(2)(b) specifically references "religious susceptibilities," the term "Operation Sindoor" has deep emotional and patriotic significance.  
  • The term "sindoor" itself has religious and cultural significance in Indian tradition, symbolizing marriage.  
  • The applications may be rejected on grounds that commercialization of this term could hurt public sentiment. 
• Emblems and Names Act Considerations 
  • The military operation was conducted by the Indian Armed Forces under government direction. 
  • Section 3 of the Emblems and Names Act, read with Clause 7 of the Schedule, could potentially prohibit private entities from using terms that imply government connection or patronage. 
• Public Interest Considerations 
  • The PIL filed in the Supreme Court argues that attempts to trademark "Operation Sindoor" violate public interest by commodifying a term associated with national sacrifice and military valor. 
  • While not explicitly mentioned in the Trademarks Act, courts in India have recognized public interest as a relevant consideration in intellectual property matters. 

Public Interest Litigation (PIL) 

The PIL filed in the Supreme Court by advocate Dev Ashish Dubey seeks to: 

1. Restrain authorities from proceeding with trademark registration for "Operation Sindoor" 
2. Prevent commercialization of a name associated with national sacrifice and military valor 
3. Address ethical boundaries in intellectual property law when national security and public emotion intersect 

The petition argues that: 

• The name symbolizes the sacrifice of widows—metaphorically linked with "sindoor," a traditional mark of marriage in India 
• Trademark registration of the name would be insensitive and violate Section 9 of the Trade Marks Act 
• Commercial exploitation of the term disrespects the armed forces and their sacrifice

Conclusion

The "Operation Sindoor" trademark applications highlight the tension between intellectual property rights and national sentiment. While trademark law provides mechanisms to prevent misuse of significant terms, this case underscores the need for ethical considerations in intellectual property pursuits. Commercial entities should be mindful that not all terms are appropriate for trademark registration, particularly those that carry deep emotional and national significance.