Trademark battle brews for ‘Cockroach Janata Party’ amid social media ban

New Delhi, May 21 (PTI) Three separate trademark applications have been filed seeking rights over the name Cockroach Janata Party, official records showed.

The filings, by lesser-known individuals, come amid growing attention around a satirical political outfit Cockroach Janata Party, that had attracted million of views and followers within days of launch for its online commentary and digital presence.

While the X account of the outfit was withheld in India, the applications filed with the Trade Marks Registry portal seek trademark registration under the category for providing political and social services.

Separate applications have been filed by individuals Azim Adambhai Jam and Akhand Swaroop -- about whom not much is known -- and by a proprietorship COCKROACH JANTA PARTY.

According to the Trade Marks Registry portal, the status of two applications are showing 'Formalities Check Pass', which means applications have successfully cleared the initial technical scrutiny by the trademark office.

The third application status is 'Sent to Vienna Codification" means it has been send for classification under the Vienna Classification system. This usually happens when the trademark contains a logo/ symbol/image/shape/design or graphical element.

This application was filled for 'Cockroach Janta Party (Label Mark)', which means the applicant has applied to register not just the words "Cockroach Janta Party", but the complete visual/logo version of the mark.

The other two have been filed for 'Cockroach Janta Party'.

'Cockroach Janta Party' is usually a word mark application, while the 'Cockroach Janta Party (Label Mark)' is a logo/design-based trademark application. While the first application was filed on May 19, the other two were filed on Thursday.

In India, the process of registering a trademark starts when an application is filed with the trademark office. First, the application is checked for proper format and then examined on its merits. This means the examiner reviews whether the mark is clear, distinctive, and not too similar to existing marks.

If the examiner finds any issues, the applicant is invited to explain or fix them and once these concerns are resolved, the trademark is accepted and published in the official Trade Marks Journal, which is like a public notice.

Under the Indian trademark law, a registered trademark is granted protection for 10 years from the date of filing of the application. After that, it can be renewed for additional periods of 10 years each by paying the prescribed renewal fee.

Commenting on the application, Nilanshu Shekhar, founding partner at law firm KAnalysis, said filing a trademark application is often misinterpreted as a lot of people assume that the moment you file the name belongs to you.

"That is not how it works in India. An application is only the first step. It is basically a request to the Trademark Office saying that I would like rights over this name. The office then has to examine the request, publish it so the public can see it, and give other people a chance to object. Only after all of that, and only if no serious objections come up, does a name actually get registered," he said.

That whole journey usually takes somewhere between one and two years, and plenty of applications never reach the end, he said, adding that each application also openly says the name is only "proposed to be used", which means even the applicants acknowledge they have not really used it yet.

"That is a real weak spot, because Indian law cares a great deal about who genuinely used a name first and who the public already connects it with. Being quick to file does not beat that, and claiming a name you have no link to, across businesses you are not in, looks less like building a brand and more like planting a flag on it just in case it becomes valuable," Shekhar said.

Ravi Bhardwaj, Advocate, said filing an application first does not mean winning it first.

Soon after the X account of Cockroach Janata Party was withheld in India, another handle came -- 'Cockroach is Back' with the tagline 'Cockroaches Don't Die'.

"This (action) was expected since there were attempts to hack the account yesterday. But this is a self-goal by the government," founder Abhijeet Dipke told PTI.

The Cockroach Janata Party account, which came into being a day after Chief Justice of India (CJI) Surya Kant used the words "parasites" and "cockroaches" while pulling up a lawyer for his plea seeking a senior designation. The remarks made on May 15 quickly went viral, attracting support from politicians, activists, artists and a large number of young and not-so-young social media users.

The CJI later clarified that he was misquoted and his remarks were directed specifically at individuals entering the legal profession through "fake and bogus degrees".

Though the X account is inaccessible in India, it can be accessed through VPN.

The platform's Instagram page remains active with around over 15.6 million followers -- and counting -- by Thursday evening. A post from the X account 'Cockroach is Back' on Thursday drew comparisons with the official Bharatiya Janata Party account, which has approximately 8.8 million followers on the Meta-owned platform. PTI