Operation Sindoor: Trademarking Patriotism or Exploiting Grief?

Today when branding and intellectual property (IP) are central to business strategy, the line between what’s legally possible and ethically acceptable has become increasingly blurry. The recent controversy surrounding the attempts to trademark the term ‘Operation Sindoor’ — the name of India’s ongoing military operation in response to the tragic Pahalgam attack — has sparked an important debate: Can companies trademark names tied to national sentiment, and should they?

What Happened?

Soon after the Government of India revealed the name of ‘Operation Sindoor’, multiple companies, including a prominent corporate giant, rushed to the Trademark Registry to register the term under Class 41, which covers media, entertainment, education, and cultural services. This was not just an attempt to cash in on a common word or phrase — it was about exploiting a term deeply connected to national mourning, sacrifice, and military valor.

Among the applicants was Reliance, which later withdrew its application, acknowledging that a junior employee had filed without proper authorization. However, the issue did not end there. 11 other entities still have applications pending for the same trademark, raising serious ethical and legal questions.

The Trigger: National Grief

At the core of this issue lies a deeply emotional and sensitive connection: the name ‘Operation Sindoor’ symbolizes sacrifice, grief, and national pride. It is tied to the ongoing efforts to honor the martyred soldiers and to avenge the tragic Pahalgam attack. For many, this term isn’t just a label — it carries deep national significance, something far beyond the reach of a business opportunity.

Legal Aspects: Can You Trademark ‘Operation Sindoor’?

Under India’s Trade Marks Act, 1999, the legality of filing for a trademark is governed by clear provisions.

• Section 9(2)(b) of the Act prohibits the registration of marks that could potentially hurt public sentiment or religious sensibilities.

• Section 9(2)(a) further bars trademarks that might deceive the public or violate laws or morality.

While technically, anyone can file for a trademark, the likelihood of registration in this case is highly doubtful. The very nature of the term ‘Operation’ Sindoor’—directly linked to a national operation and public grief — makes it unlikely to meet the distinctiveness and non-offensiveness criteria required for trademark registration.

Ethical Fault Lines: Profit vs. Patriotism

Even if it were legally permissible to trademark ‘Operation Sindoor’, should it be done? This is where the moral implications come in. Military operations and national events tied to tragedy and sacrifice should not be commodified or used for commercial gain.

The actions of these companies have been widely criticized as insensitive and exploitative, attempting to profit from national grief. Trademarking such a term does not respect the emotional weight carried by the name, especially for the families of martyred soldiers and the public at large. Such actions threaten to undermine the respect owed to national sacrifices.

In fact, a Public Interest Litigation (PIL) has been filed in the Supreme Court of India, challenging the validity of these applications. The plea argues that these attempts seek to exploit public sentiment and the nation’s grief for commercial purposes, violating both legal principles and moral responsibility.

What’s at Stake?

In the business world, the reputation of a brand is everything. Companies seeking to profit from a term tied to national grief risk sparking public outrage, inviting consumer boycotts, and attracting legal scrutiny. Such actions can irreparably damage long-term goodwill, which can take decades to build.

While businesses often focus on the legal aspects of their IP strategy, it’s essential to remember that brand value isn’t just built on profits—it’s built on trust. And trust is something that can be lost instantly if a company is seen as exploiting national emotions for commercial gain.

A Call for Sensitivity

As IP advisors, legal professionals, and business leaders, we must constantly ask not just if something is lawful, but also if it is right. In India, the mood of the nation is not just a fleeting sentiment — it’s something that must be respected and understood. Not every opportunity should be turned into a business venture. Some things, like national grief and sacrifice, are beyond the scope of commercialization.

When it comes to trademarking, it’s essential to not only navigate the legal landscape but also ensure that ethical responsibility guides every decision. The legal doesn’t always mean the acceptable, especially when it involves issues of public sentiment.

Conclusion: The Real Test

The case of ‘Operation Sindoor’ serves as a critical reminder to businesses and IP professionals alike: profit should never come at the expense of patriotism. Even if it is legally permissible, the ethical implications of commercializing national grief are far-reaching.

As India continues to grow as a global leader in business and innovation, it is essential for companies to tread carefully, understanding that the mood of the nation must always come first. While you may have the right to trademark, the real test is whether your actions align with the greater moral compass that guides the public interest.