Açıqlama:

The tragic death of George Floyd on 25 May 2020 and the subsequent protests (as a part of the #BlackLivesMatter Movement) that shook the world thereafter have once again, brought the deep-rooted issues of xenophobia and casteism to the fore. However, it is quite ironic that from India’s Fair & Lovely Face Cream1 to America’s Aunt Jemimah’s Pancake Syrup2 - products with inherently racist and/or xenophobic credentials are not just commonplace, but have also shown solid growth across capital markets worldwide. As the origin of any marketable product lies in the realm of Intellectual Property (IP), the present article seeks an answer to just one question. Is it possible to refuse the registration of, or to delist a Trademark on the account of it being “racist” or “xenophobic” and thus opposed to the principles of public policy? If so, are there any legal hurdles involved?