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05 Jul
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Weekly Trade Mark News Updates: Pina Colada smell for Ukuleles, Court granted an ad interim injunction in favor of DLF Ltd, ‘Jollibee’ loses trademark dispute against ‘Jolliville’, Bead Jewellery of Kashi obtains GI registration and more

Interesting Trademarks, Indian Trademark Updates, International Trademark Updates, Geographical Indication updates and more brought to you by the Trademark Team of BananaIP Trade Mark News:

TRADEMARK QUOTE OF THE WEEK

“A great brand evolves from building a good reputation”

                                                           –Abiodun A. Abiodun

TRADEMARK STATS FROM THE INDIAN TRADEMARK OFFICE

The productivity of the Trademark Registry has increased, as can be seen from the table below. There has been an increase of 58% in the total number of registrations granted this week.

Particulars Last week This week Change in %
Total Trademark applications examined by Trademark Office 7536 6231 A decrease of 17.3%

 

Total applications disposed through show cause hearings 588 623 An increase of 5.9%
Total applications published in the trademark journal 7905 10696 An increase of 35.3%
Total registrations granted 4867 7701 An increase of 58 %
Total hearing notices issued 2410 1459 A decrease of 39%
Total renewal notices issued 657 1708 An increase of 159%

Total number of Applications Examined by the Trademark Office in this year: 221514

INTERESTING TRADEMARKS

Pina Colada smell for Ukuleles

The Eddy Finn Ukulele Company, known for manufacturing musical instruments like Ukuleles and Banjos, has acquired registration for the smell of ‘Pina Colada’, to be applied to their Ukuleles. The registration was obtained in the year 2012, with the registration number 4144511 under class 15, used primarily for musical instruments.

INDIAN TRADEMARK UPDATES

DLF Limited vs. Rediff.com India Ltd & Ors.

DLF Limited, a real estate giant based out of Gurgaon had filed a trademark infringement suit against Stanley Lifestyles Ltd an entity engaged in the business of shopping mall. Plaintiff leveled allegations that the defendants are infringing Plaintiff’s trademark EMPORIO by adopting the mark ‘Global Living Emporio’ in respect to similar services. On perusal of the documents filed and the arguments put forth, the Honorable Delhi HC opined that the Plaintiff made out a prima facie case that it is a bona fide adopter and user of the mark ‘EMPORIO’ since 2004 and the Defendants started using the mark only since March 2017. Further, relying on the Plaintiff’s registration of its website www.dlfemporio.com in 2008 which is much prior to Defendant’s website www.globallivingemporio.com, Plaintiff requested for an ex parte injunction. The Court granted an ad interim injunction restraining Defendants from operating their website or any other domain name with the mark ‘EMPORIO’ as part thereof and restrained them from launching any shopping mall or manufacturing or distributing any goods comprising of the term ‘EMPORIO’. The court further directed the Defendants to block the domain www.globallivingemporio.com.

INTERNATIONAL TRADEMARK UPDATES

‘Jollibee’ loses trademark dispute against ‘Jolliville’

The Intellectual Property Office of the Philippines (IPOPHIL) reversed the 2014 decision of the agency’s Bureau of Legal Affairs (BLA) granting Jolliville’s appeal for the registration of its corporate name. Jollibee, a fast-food giant filed a notice of opposition in 2013 against Jolliville, a property firm when the latter filed for registration of the corporate name and logo featuring the word ‘Jolliville’. BLA issued an order in favor of Jollibee in 2014 which prompted Jolliville to file an appeal. Jolliville submitted their arguments that the name was derived from the name of its founder, Jolly L. Ting and appended the suffix ‘ville’ to indicate the nature of their real estate business. IPOPHIL also noted that Jollibee failed to present necessary evidence showcasing the damage caused to its mark by the registration of the name ‘Jolliville’. It was further noted that the services are indisputably dissimilar. IPOPHIL granted the appeal stating that name of both companies are not ‘confusingly similar’.

Beyonce and Jay-Z files trademark on their twins’ name

Pop icon Beyonce and Jay-Z applied for the registration of the names of their recently born twins, “Rumi Carter” and “Sir Carter” on 26th June 2017. The trademark application has been filed under 15 classes, pertaining mainly to merchandising products. Earlier Beyonce also had applied for the registration of the mark ‘Blue Ivy’, the name of her daughter.

GEOGRAPHICAL INDICATION UPDATES

Bead Jewellery of Kashi obtains GI registration

Department of Small Scale Industries and Banaras Glass Beads Association (BGBA) had filed the GI Application for registration for the glass beads known as ‘Kaanch ke moti’ in 2009. The application states that the glass beads are pure handicraft, and a technique used ‘Lamp winding’ makes the beads unique. In this technique, ‘glass is transformed into rods or sticks known as canes. Workers melt them at a small heat source, usually a lamp (hence the name). The glass is wound around a wire. While it is still hot, the bead may be shaped or given colour. Once cooled, beads are knocked down’. The GI tag would benefit the craftsmen by safeguarding its uniqueness. It is said that more than 5,000 artisan families in Varanasi manufacture 50,000 varieties of glass beads in various sizes and shapes.

BIP TIP OF THE WEEK

When a company protects its trademarks, it is important to block all important domain names relating to the trademarks. Trademark protection extends to domain names also provided the domain names reflecting the trademarks if being used in association with related goods and services.

 

 

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