\u201cIndian Trade Mark Statistics for August, 2017 (Second Week), Pink Realty Inc files trade mark for the Pink Color, Costco to pay 19 million dollars for trade mark infringement, Booking.com obtains trade mark registration, India Licensing Expo 2017 in Mumbai, Bangladesh\u2019s Hilsa fish gets GI registration, and more,\u201d brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.<\/p>\n
\u201cA brand is a promise. A good brand is a promise kept\u201d – Muthar Kent<\/p><\/blockquote>\n
\u00a0<\/strong>INDIAN TRADE MARK STATISTICS <\/strong><\/h2>\n
The productivity of the Indian Trade Mark Office has been incredibly low compared to the previous week\u2019s status. The total number of applications examined decreased by seven percent (7%). The total number of applications disposed through hearings decreased by forty-one percent (41%). The number of registrations granted also have decreased by thirty-eight percent (38%).<\/p>\n
\n\n
\n Particulars<\/strong><\/td>\n Last week<\/strong><\/td>\n This week<\/strong><\/td>\n Change in %<\/strong><\/td>\n<\/tr>\n \n Total Trademark applications examined by Trademark Office<\/td>\n 7092<\/td>\n 6570<\/td>\n A decrease of 7%<\/td>\n<\/tr>\n \n Total applications disposed through show cause hearings<\/td>\n 806<\/td>\n 474<\/td>\n A decrease of 41 %<\/td>\n<\/tr>\n \n Total applications published in the trademark journal<\/td>\n 7991<\/td>\n 7469<\/td>\n A decrease of 6 %<\/td>\n<\/tr>\n \n Total registrations granted<\/td>\n 7684<\/td>\n 4689<\/td>\n A decrease of 38 %<\/td>\n<\/tr>\n \n Total hearing notices issued<\/td>\n 1926<\/td>\n 1792<\/td>\n A decrease of 6 %<\/td>\n<\/tr>\n \n Total renewal notices issued<\/td>\n 3567<\/td>\n 2184<\/td>\n A decrease of 38 %<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \u00a0<\/strong>Total number of New applications received<\/u><\/strong><\/h3>\n
\n\n
\n Sl.No.<\/strong><\/td>\n Name of Office<\/strong><\/td>\n No. of Applications<\/strong><\/td>\n<\/tr>\n \n 1.<\/td>\n MUMBAI<\/td>\n 1163<\/td>\n<\/tr>\n \n 2.<\/td>\n AHMEDABAD<\/td>\n 591<\/td>\n<\/tr>\n \n 3.<\/td>\n KOLKATA<\/td>\n 289<\/td>\n<\/tr>\n \n 4.<\/td>\n DELHI<\/td>\n 1817<\/td>\n<\/tr>\n \n 5.<\/td>\n CHENNAI<\/td>\n 926<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Total Trade Mark Applications received – 4786<\/p>\n
Trademark Statistics from 01.01.2017 t0 16.08.2017<\/span><\/h3>\n
\n\n
\n Sr. No<\/strong><\/td>\n Jurisdiction<\/strong><\/td>\n New Applications<\/strong><\/td>\n Examined<\/strong><\/td>\n Published<\/strong><\/td>\n Registered<\/strong><\/td>\n<\/tr>\n \n 1<\/td>\n AHMEDABAD<\/td>\n 19013<\/td>\n 15070<\/td>\n 16922<\/td>\n 18156<\/td>\n<\/tr>\n \n 2<\/td>\n CHENNAI<\/td>\n 29481<\/td>\n 22859<\/td>\n 23653<\/td>\n 41394<\/td>\n<\/tr>\n \n 3<\/td>\n DELHI<\/td>\n 58533<\/td>\n 45137<\/td>\n 48594<\/td>\n 70992<\/td>\n<\/tr>\n \n 4<\/td>\n KOLKATA<\/td>\n 9136<\/td>\n 7377<\/td>\n 6878<\/td>\n 11060<\/td>\n<\/tr>\n \n 5<\/td>\n MUMBAI<\/td>\n 40001<\/td>\n 31785<\/td>\n 30231<\/td>\n 56347<\/td>\n<\/tr>\n \n Total<\/strong><\/td>\n \u00a0<\/strong><\/td>\n 156164<\/strong><\/td>\n 122228<\/strong><\/td>\n 126278<\/strong><\/td>\n 197949<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n INTERESTING TRADE MARKS<\/strong><\/h2>\n
The Pink Trademark<\/strong><\/h3>\n
Pink Realty Inc, a real estate company in Colorado, USA, filed a federal trademark application for the color pink. The application covers a\u00a0variety of real estate services under Class 36, including \u2018real-estate agencies\u2019 and \u2018real-estate brokerage\u2019 with Application number 87540547. The applicant has claimed in the application to be using the mark since 2009.<\/p>\n
INDIAN TRADE MARK UPDATES<\/strong><\/h2>\n
\u00a0<\/strong>Pest Control Trade Mark Decision<\/strong>
\n\u00a0<\/strong>Pest Control (India), the largest pest management company, filed a trade mark infringement suit before the Delhi High Court for restraining Pest Control Innovative <\/strong>from infringing its trademark, PCI, passing off of the mark, and for rendition of accounts of profits and damages to the tune of Rs.20, 01,000. The plaintiff in the case offers pest management services under its trade mark \u2018PCI\u2019 registered in 1984. In June 2013, it came to the knowledge of the Plaintiff that the Defendant was using and providing services under an identical trade mark \u2018PCI\u2019. A legal notice was immediately sent to the Defendant for which a reply was sent denying all the allegations.
\nThe plaintiff argued in the case that the Defendant was known as \u2018Dazzle Unlimited Services and in 2012, the name was changed to \u2018Pest Control Innovative to intentionally ride on the goodwill of the Plaintiff. On hearing the arguments and perusing the documentary evidence, the Court held that the Defendant\u2019s adoption of the trademark of the Plaintiff is fraudulent and has caused injury, loss, and damage to its name, business, goodwill, and reputation. The court issued a permanent injunction against the Defendant from using the Plaintiff\u2019s trademark \u2018PCI\u2019 and from selling, offering, providing, advertising, and\/or directly or indirectly dealing in pest control and pest management services or other services under the trademark \u2018PCI\u2019 and trade name\/trade style “Pest Control Innovative” or any other deceptively similar trademark with that of the plaintiff\u2019s. The Court also awarded a sum of Rs. 15 Lakhs as damages.<\/p>\nINTERNATIONAL TRADE MARK UPDATES<\/strong><\/h2>\n
Costco to pay 19 Million dollars to Tiffany & Co.<\/strong><\/h3>\n
Tiffany & Co, an American luxury jeweler had filed a suit against Costco Wholesale Corporation, a wholesale giant alleging trademark infringement, counterfeiting, and deceptive business practices for selling engagement rings labeled \u2018Tiffany\u2019. The Court has restrained Costco from selling anything marked as a \u2018Tiffany\u2019 product without using an identifier such as \u2018style\u2019, \u2018setting\u2019, or \u2018set\u2019. The wholesale giant has also been ordered to pay damages amounting to $11.1 million plus interest in addition to $ 8.25 million as punitive damages. Costco is planning to file an appeal against the decision.<\/p>\n
Booking.com gets trademark registration<\/strong><\/h3>\n
In a surprising decision, a Virginia Federal Judge ruled that Booking.com, the online hotel reservation service is entitled to trademark protection. This decision is against the repeated precedence of the Federal Circuit that adding a Top Level Domain (TLD) to a generic term does not make it any less generic. The Court opined that although the word \u2018booking\u2019 is generic, adding the TLD \u2018.com\u2019 has made the mark descriptive and is entitled to trademark protection as the mark \u2018Booking.com\u2019 had acquired adequate secondary meaning to be registered as a trademark for hotel reservation services.<\/p>\n
TRADE MARK LICENSING UPDATES<\/strong><\/h2>\n
India Licensing Expo 2017 in Mumbai<\/strong><\/h3>\n
The India Licensing Expo (ILE), India\u2019s first business-to-business brand licensing show is all set to start on August 20 and 21 in Sahara Star in Mumbai. Participation will include over 100 global and domestic brands for the retail industry. The show is organized by an exclusive licensing media company, License India and is supported by Licensing Industry Merchandisers’ Association (LIMA), Indo-French Chamber of Commerce and Industry (IFCCI) and Sports Goods Foundation of India. The show sponsors are Viacom 18, Orian Installations, Dream Theatre and Bradford License India. Viacom 18, Fashion TV, Marie Claire, Universal Music, Mondo TV, JCB, Polaroid, NBA, Sesame Street, Authentic Brands Group, and Green Gold Animation, are among a few brands participating at the first ever licensing show to be held in the country.<\/p>\n
GEOGRAPHICAL INDICATION UPDATES<\/strong><\/h2>\n
Bangladeshi\u2019s famous HILSA fish gets Geographical Indication (GI) registration.<\/strong><\/h3>\n
Hilsa hailed as the “Queen of fish” from Bangladesh has acquired Geographical Indication (GI) registration. The fish is especially known for its unique aroma. Around 4,50,000 people in Bangladesh are directly involved in catching Hilsa, which is also the national fish of the Country. Bangladesh supplies around 70 percent of Hilsa to the market, making it the largest supplier of this fish.<\/p>\n
BIP TIP OF THE WEEK<\/strong><\/h2>\n
Descriptive Marks and Trade Mark Registration<\/h3>\n
Descriptive marks are normally not registrable as trade marks unless they acquire distinctiveness or secondary meaning. If you choose a descriptive mark that describes your business, you must put efforts in building association between your company and consumers with respect to the mark. Extensive advertising and promotion can go a long way in achieving acquired distinctiveness for registration.
\nIt is advisable to launch the mark first, and file for registration when you have sufficient evidence to prove that consumers recognize the trade mark as yours.<\/p>\n<\/div>\nIf you have any questions, or need any clarifications, please feel free to write to contact@bananaip.com<\/div>\n<\/div>\nDisclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP\u2019s reporters may not have verified all the news published in the bulletin. You may write to contact@bananaip.com for corrections and take down.<\/div>\n","protected":false},"excerpt":{"rendered":"This post covers notable trade mark developments in India and abroad, including court decisions, licensing events, and GI registrations. It offers analytical insights into recent trademark statistics and legal issues relevant to Indian practitioners.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":9,"footnotes":""},"categories":[185,6,22,11],"tags":[8711,184,8710,8712,8713,8714,1960,41],"class_list":["post-40373","post","type-post","status-publish","format-standard","hentry","category-geographical-indications-gi","category-intellectual-property","category-ip-commercialization-licensing","category-trademarks","tag-booking-com","tag-geographical-indication","tag-india-licensing-expo","tag-pest-control-case","tag-pink-realty","tag-tiffany-co","tag-trade-mark-registration","tag-trademark-infringement-2"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/40373","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/comments?post=40373"}],"version-history":[{"count":2,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/40373\/revisions"}],"predecessor-version":[{"id":135968,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/40373\/revisions\/135968"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=40373"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=40373"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=40373"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}