Can you trademark a military operation? The law behind ‘Operation Sindoor’ dispute

A recent public interest litigation (PIL) before the Supreme Court has brought this trend into focus once again. The PIL challenges multiple trademark applications for the term ‘Operation Sindoor’, India’s military response to a recent terror attack by Pakistan. 

Legal experts say this is just the latest example of “moment trademarking”—a strategy where entities race to lock down topical or emotionally charged names for exclusive commercial use, even if they are linked to national identity or sensitive state functions.

So, can military terms or national symbols really be trademarked in India? And what does the law say about this growing trend? Mint explains.

What is ‘moment trademarking’? Why is it a trend with content producers?

According to legal experts, there has been a noticeable trend in India where private parties attempt to trademark terms associated with significant national events, military operations, or political campaigns, especially after these terms gain widespread public attention. 

Examples include trademark applications for terms such as ‘Surgical Strike’, ‘Balakot’, and political slogans like ‘Acche Din’ or ‘Namo Again’. 

The primary motivation behind these filings is to secure exclusive commercial rights for use in entertainment, merchandise, or digital content.

“The applications for Operation Sindoor are a prime example of this type of questionable application trend, also commonly referred to as “moment trademarking,” said Ameet Datta, founder and managing counsel, ADP Law Offices.

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What does Indian law say about this?

Trade Marks Act, 1999 provides strong safeguards against registering trademarks that offend public morality, mislead consumers, or hurt religious or national sentiments. Rule 10 of the Trade Marks Rules, 2017, read with Article 6ter of the Paris Convention (to which India is a signatory), also prohibits the registration of trademarks associated with state emblems, government operations, or military activities.

“When multiple parties apply to trademark a term like ‘Operation Sindoor’, the Registrar will assess factors such as who first used the term in commerce, whether it’s inherently distinctive or merely descriptive or generic, and whether it’s closely tied to state identity or public sentiment,” said Vishal Gehrana, partner designate at Karanjawala & Co. 

“If the term is found to be misleading, generic, or inappropriate, the application can be rejected, regardless of filing order.”

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Have such trademark filings been challenged or rejected before?

Essenese Obhan, managing partner of Obhan & Associates, noted that several such trademarks—especially under Class 41, which pertains to entertainment services—have been applied for immediately after the associated events made headlines.

Notable examples of such trademark attempts include Pulwama: Surgical Strike 2, Covid-19, and Article 370. In several cases—such as Covid-19, and names linked to national icons like Mahatma Gandhi and the Dandi Salt March—the applications were either quashed by courts or faced official objections.

Following the Pulwama attack and the Balakot airstrikes in 2019, there was a spike in applications from Bollywood producers to register titles such as ‘Balakot’, ‘Surgical Strikes 2.0’, and ‘Pulwama Attacks’. However, many of these were contested on grounds of lack of distinctiveness or concerns about hurting public or religious sentiments. That said, not all were rejected—makers of the political drama Article 370 received clearance to use the title.

What’s the status of the ‘Operation Sindoor’ applications?

Reliance’s Jio Studios filed a trademark under Class 41 for ‘Operation Sindoor’ but later withdrew it. Several other parties have applied, and the Trademark Registry is currently reviewing them.

Meanwhile, the Supreme Court is hearing the PIL that could set an important precedent on the use of national military terms for commercial gain.

Also read: ‘Operation Sindoor’ trademark applications filed in India, US, UK: What does it mean?