INTRODUCTION

"TradeMark Law" The law is the floor, not the ceiling, of ethics. In May 2025, Reliance Industries Limited (RIL) filed a trademark application for the term “Operation Sindoor” through its media arm, Jio Studios. The term is a codename for a recent military operation that targeted terrorist infrastructure in Pakistan, which was conducted in response to a terrorist attack in Kashmir that resulted in the death of 26 individuals, mainly Hindus. The application was intended for media production purposes. Within 24 hours of the announcement of Operation Sindoor, multiple entities rushed to file trademark claims. This sparked a debate on the ethical, legal, and commercial boundaries of intellectual property rights, particularly trademarks.  The key issue argued by critics was that trademarking a national military operation played with public sentiments for profit. 

In response, Reliance Industries Limited (RIL) withdrew its application and said that the action was taken by a junior without proper authorization. This incident has brought to the forefront many questions related to trademark law in India and ethical considerations attached to trademarking terms associated with national defense operations. 

This blog explores trademark law in India, rush around application for trademarking Operation Sindoor, and ethical considerations attached.

UNDERSTANDING THE TRADEMARK LAW IN INDIA

A trademark is a unique identifier that sets apart goods and services of one business from another. It can be a word, phase, symbol, design, or a combination of these. For example, ‘Jio’ is a registered trademark that distinguishes Reliance’s telecom services. 

Trademarks in India are governed by:

• The Trade Marks Act, 1999 (serves as the primary legislation and provides for registration, protection and enforcement of trademarks)
• Trade Marks Rules, 2017 (governs procedural aspects)
• International treaties such as Paris Convention and TRIPS agreement. 

The Controller General of Patents, Designs & Trade Marks (CGPDTM) oversees registration through four regional offices (Mumbai, Delhi, Chennai, Kolkata).

Section 2 (zb) of the Trade Marks Act, 1999 specifies that a trademark must be capable of graphical representation, have a distinctive character, and should not fall under grounds for refusal. Section 9 of the act gives grounds for refusal. It says that trademarks cannot be registered if they are deceptive or misleading, hurt religious sentiments, contain scandalous matter or are generic/descriptive. Section 11 outlines the relative grounds for refusal. It says that trademarks cannot be registered if they create confusion with existing registered trademarks, take unfair advantage of well-known marks and/or is similar to earlier marks for identical goods. 

Thus, the prerequisites for a trademark to be registered in India are

1. Distinctiveness 
2. Non-descriptive
3. Not deceptive or scandalous
4. Not prohibited by law
5. Not identical to existing trademarks

Some of the well-known trademarked companies in India are Tata, Reliance and Amul. 

PROCESS OF REGISTERING A TRADEMARK LAW IN INDIA

The trademark registration process in India is governed by the Trade Marks Act, 1999 and administered by the Controller General of Patents, Designs & Trade Marks (CGPDTM). Applicants which are eligible to apply include individual entrepreneurs, startups, Small and Medium Enterprises, private as well as public companies, partnership firms and limited liability partnerships, non-profit organisations and foreign entities which are doing business in India. The steps are as follows: 

1. Trademark search

A comprehensive search needs to be conducted to ensure that the proposed trademark is not similar to existing registered trademarks. This search can be performed on the official IP India website. Conducting this search helps avoid potential conflicts and objections during the registration process.

2. Filing the application 

The next step is to file the application using Form TM-A. The application should include the applicant’s details, a representation of the trademark, a list of goods and services associated with the trademark, appropriate class under the classification. Applications can be filed online through the IP India portal or physically at the appropriate Trademark Registry office based on jurisdiction. 

3. Examination by the Trademark Office 

After submission, the application undergoes examination by the Trademark office to ensure compliance with the provisions of Trademark Act, 1999. If objections are raised, an examination report is issued, and the applicant must respond within the stipulated time frame.

4. Publication in the trademark journal

If the mark passes examination, it is published in the Trademarks Journal for a 4-month opposition period, during which third parties (including the government) may challenge the registration. 

5. Opposition proceedings

Any person can file a notice of opposition within four months from the date of publication. If the opposition is decided in favour of the applicant, the registration process proceeds.

6. Registration and issuance of the certificate

If there is no opposition or if the opposition is resolved in favour of the applicant, the trademark is registered. A registration certificate is issued. The registered trademark is valid for ten years from the date of application and can be renewed indefinitely for successive ten-year periods.

7. Renewal of Trademark

The registered trademark should be renewed every ten years. A renewal application should be filed before expiry of the previous in order to maintain the validity of the trademark. If it is not done in time, the trademark may be removed from the register. 

‘OPERATION SINDOOR’ TRADEMARK CONTROVERSY 

Sentimental background of Operation Sindoor

The term “sindoor’ refers to the red vermilion powder which is worn by Hindu married women. It symbolises marital status. In this context, it symbolises widows created by the attack. Thus, the name had far-reaching emotional and cultural significance to it. 

The trademark application rush

The operation was announced on May 7, 2025 and within 24 hours of the announcement, many entities filed applications to get exclusive rights to the term under class 41 (entertainment and media services). Four individuals applied for the registration of trademarks:

1. Reliance industries Limited (RIL)
2. Mukesh Chetram Agrawal (A private individual)
3. Group Captain Kamal Singh Oberh (Retd.) (A retired Indian Air Force officier)
4. Alok Kothari (A Delhi-based lawyer) 

What is class 41?

Class 41 covers entertainment, education, and cultural services, including film and documentary production, digital streaming content, and event organization. The intent of applicants seems to be to use ‘Operation Sindoor’ for media projects, similar to the movie Uri: The Surgical Strike (2019). 

Jio’s withdrawal and clarification

RIL withdrew the trademark application. Reliance issued a statement saying that the application had been filed by a junior employee without proper authorization. The company emphasized its adherence to the "India First" principle and stated that it had no intention of trademarking "Operation Sindoor" or profiting from it.

WHETHER THE MOVE WAS LEGAL?

The Trade Marks Act, 1999, does not explicitly prohibit trademarking military operation terms such as “Operation Sindoor”. But the application for the same could be blocked by invoking multiple provisions of Section 9(2) of the Trademarks Act. 

Section 9(2)(d) prohibits the registration of marks whose use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950. 

Section 3 of this Act bars the unauthorised use of certain specified names or emblems for trade, business, profession, patents, trademarks, or designs without prior permission from the Central Government.

Thus, the application could have been denied under the Emblems and Names (Prevention of Improper Use) Act. 

ETHICAL CONSIDERATIONS

Trademarking terms that are associated with natural defense operations could potentially raise ethical questions about their morality. These terms are used as a source of natural pride and remembrance of the lost in the tragedy. Exploiting these tragedies for profit and commercialising them does not sit right ethically. Laws may allow doing so through unintentional loopholes but ethics does not. The law is the floor, not the ceiling, of ethics.

Critics accused applicants of exploiting national sentiment for profit. Social media users condemned the filings as "blatant mockery" of a solemn military action. The ethical considerations for companies like Reliance is even higher as they comply with corporate social responsibility (CSR). 

CONCLUSION OF TRADEMARK LAW

The ‘Operation Sindoor’ trademark controversy serves as a reminder that trademarks go simply beyond legal compliance and can affect public sentiments and ethics. While the Trade Marks Act, 1999, may not explicitly prohibit the registration of military operation codenames, the broader implications of such actions cannot be ignored. Corporates need to balance ethical considerations along with their profit-making motto. There is a need to balance IP rights and national sentiments. 

AUTHOR: SARGUN SINGH

REFERENCES

1. Trademark Registration in India: A Step-by-Step Guide, RVR Associates IPR Attorneys and advoactes, (Available at: https://www.rvrattorneys.com/trademark-registration-in-india-a-step-by-step-guide/) 
2. Trademark Registration Process in India, Legal Kart. (Available at: https://www.legalkart.com/legal-blog/the-trademark-registration-process-in-india-a-comprehensive-guide)
3. Reliance junks application 'filed inadvertently' to get 'Operation Sindoor' trademark, The Economic Times, May 8, 2025. (Available at: https://economictimes.indiatimes.com/news/india/reliance-others-file-application-for-operation-sindoor-trademark-reports/articleshow/120988426.cms) 
4. “Operation Sindoor” and the Misguided Idea of “Moment Trademarking”, SpicyIP. (Available at: https://spicyip.com/2025/05/operation-sindoor-and-the-misguided-idea-of-moment-trademarking.html) 
5. Arpan Chaturvedi, Ambani's Reliance pulls trademark application for codename of Pakistan strikes, Reuters, May 9, 2025. (Available at: https://www.reuters.com/world/india/ambanis-reliance-pulls-trademark-application-codename-pakistan-strikes-2025-05-08/) 
6. Trade mark rules, 2017. (Available at: https://ipindia.gov.in/TM-Rules-2017.htm) 
7. Shreya Patel, How to Register a trademark in India, October 31, 2024. (Available at: https://blog.ipleaders.in/registration-of-trademarks/) 
8. RELIANCE Trademark of RELIANCE PRODUCTS LTD. - Registration Number 1244914 - Serial Number 73304766 :: Justia Trademarks
9. Trademark race begins for 'Operation Sindoor' after India's military strike, ET Legal World, May 9, 2025. (Available at: https://legal.economictimes.indiatimes.com/news/corporate-business/trademark-race-begins-for-operation-sindoor-after-indias-military-strike/121030659)