Indian Trade Mark Statistics for July, 2017 (Fourth Week), Trade Marks relating to Harry Potter, Ajanta Pharma’s Trade Mark Infringement Suit, Amazon’s legal battle, USPTO receives a huge surge in racial trademark applications, Hotstar signs agreement with CBS Corp and other weekly trade mark news,” brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
‘A brand is not a product or a promise or a feeling. It’s the sum of all the experiences you have with a company’ —Amir Kassaei
INDIAN TRADEMARK STATISTICS
The productivity of the Indian Trade Mark Office was less compared to the previous week from the statistics perspective. The number of examinations issued and hearings disposed decreased by twelve (12) percent. The number of registrations reduced by Forty (40) percent. However, it is noteworthy that the number of the renewal notices issued rose by Two hundred (200) percent.
|Particulars||Last week||This week||Change in %|
|Total Trademark applications examined by Trademark Office||8880||9108||An increase of 2.5%|
|Total applications disposed through show cause hearings||1103||961||A decrease of 12%|
|Total applications published in the trademark journal||8888||8581||A decrease of 3%|
|Total registrations granted||11227||6721||A decrease of 40 %|
|Total hearing notices issued||2965||2179||A decrease of 26%|
|Total renewal notices issued||1213||3649||An increase of 200%|
Total number of Applications Examined by the Trademark Office in 2017 so far: 244930
Warner Bros-Harry Potter Emblems
Warner Bros. Entertainment has recently filed trademark applications for Hufflepuff and Gryffindor Emblems from the hit movie franchise Harry Potter. The applications have been filed under Classes 09,14,16 and 25 on an intent to use basis.
INDIAN TRADEMARK UPDATES
Is Feranta deceptively similar to Intas Ferintas?
Ajanta Pharma filed a suit before the Bombay High Court seeking an injunction against Theon Pharmaceuticals and Intas Pharmaceuticals for infringing and passing off its mark ‘Feranta’. As Ajanta was using the mark for a pharmaceutical product and Theon and Intas were using the mark for a food or dietary supplement, the Court pointed out that there was no likelihood of confusion among consumers. The Court refused to grant an injunction as Ajanta did not have a prima facie case.
INTERNATIONAL TRADEMARK UPDATES
USPTO receives a huge surge in racial trademark application
There has been a remarkable increase in the number of new filings for racial slurs in the USPTO after the recent Supreme Court decision of Matal v. Tam, which held that offensive/disparaging trademarks could be protected. Some recent filings include applications for the word ‘Nigga’ as well as the Swastika Logo under classes 24, 32, and 33.
Amazon in a legal battle with Live Clothing
Amazon.com Inc., the American e-commerce giant has filed an opposition against Live Clothing, a small Australia based retail store against registration of the word ‘Glamazon’ for retail and wholesale services. Live Clothing has been a registered trademark owner of the word for clothing, footwear and headgear since 1999. Amazon owns the trademark for the name Glamazon fashion week.
TRADEMARK LICENSING UPDATES
Hotstar and CBS signs a deal to bring ‘Showtime’ in India
Indian streaming platform, Hotstar, and CBS Corp. have signed a content licensing and trademark agreement to introduce ‘Showtime’ brand in India for the first time, and bring a roster of Emmy and Golden Globe winning programming. The Agreement will provide Hotstar Premium subscribers in India access to shows such as the new comedy series Smilf, the new limited series ‘Escape At Dannemora’, the new ‘Twin Peaks’ and also series including ‘The Affair’, ‘Billions’, ‘Ray Donovan’ and the recently premiered ‘I’m Dying up here.’
BIP TIP OF THE WEEK
Perform a Trade Mark Clearance Search Before Filing Your Trade Mark
Every company seeking a trade mark registration must perform a trade mark clearance search before filing a trade mark. The search must be performed in all relevant and related classes, and filing must not be done if conflicting marks exist on the register.
Author: BIP Trade Mark Attorneys
Led by Sanjeeth Hegde, BIP’s Trade Mark Attorneys are among the leading experts in the field. They work with clients such as PEPS, Dharma Productions, Essilor, Samsung and IIT, Bombay, with respect to trade mark filing, prosecution, registration, management, licensing, franchising, merchandizing and strategy.
The weekly trade mark news initiative is a part of their pro bono work, and is aimed at spreading trade mark awareness. You are free to share the news with appropriate attribution and backlink to the source.
If you have any questions, you may write to BIP’s Trade Mark Attorneys – [email protected].