Trademarking the Taboo: A Critical Analysis of Morality in Indian Trademark law

Ms Manvi Jain & Dr Arun Sharma
DOI:

Abstract

As markets expand globally, the friction between liberal branding options and public-morality oriented speech emerges at the forefront again, particularly in India with constitutional guarantees for freedom of expression. In light of the same, this research paper employs doctrinal and comparative analysis to examine the conflict within the context of other more recent controversies, such as the notorious CHUTIYARAM trademark case (2025), wherein an otherwise accepted mark by the Trade Marks Registry was quickly withdrawn following public outcry and accusations of moral impropriety. Further, this study makes a detailed examination of the statutory and judicial stance in India, with particular focus on Section 9(2)(c) of the Trade Marks Act, 1999. It draws upon various real-life examples of trademarks which have proven to be offensive and derogatory, including cases on FCUK, CHUTIYARAM, Myntra logo, BOB: Baap of Bakchod, and Sanskari Sex. In reviewing these cases, this paper demonstrates inconsistent applications of Section 9(2)(c) and evidence of administrative bias by the Trademark Registry. The paper also demonstrates the inadequacies within the Trade Marks Manual and proposes a question of clarity around definitions, and substantive reform. Lastly, the research aims to critique and improve India’s trademark law, contributing to the reform agenda and constitutional dialogue. It emphasizes the need for trademark law development that preserves freedom while maintaining decency, providing a foundation for the future in the context of creative marketing.

Keywords

Offensive or Scandalous, Trademark, Morality, Freedom of Speech & Expression, and Section 9 (2)(c)