\u201cIndian Trade Mark Statistics for October 2017, BATA Trade Mark Infringement, American Eagle and Aditya Birla Group Signs Licensing Deal, Kannur Baby Wraps filed for GI and more,\u201d brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.<\/p>\n
“Every interaction in any form is branding”\u00a0\u00a0 – Seth Godin<\/p><\/blockquote>\n
INDIAN TRADE MARK STATISTICS <\/strong><\/h2>\n
The productivity of the Indian Trade Mark Office has been considerably low compared to the previous week\u2019s status. The total number of applications disposed through show cause hearings decreased by twenty-seven percent (27%). The total number of applications published in the trade mark journal decreased by fourteen percent (14%). However, the total number of hearing notices issued increased by forty-five percent (45%).<\/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 Trade Mark Applications Examined by Trade Mark Office<\/td>\n 6137<\/td>\n 4336<\/td>\n A decrease of 29%<\/td>\n<\/tr>\n \n Total Applications Disposed through Show Cause Hearings<\/td>\n 774<\/td>\n 565<\/td>\n A decrease of 27%<\/td>\n<\/tr>\n \n Total Applications Published in the Trade mark Journal<\/td>\n 8579<\/td>\n 7329<\/td>\n A decrease of 14%<\/td>\n<\/tr>\n \n Total Registrations Granted<\/td>\n 5666<\/td>\n 8292<\/td>\n An increase of 46 %<\/td>\n<\/tr>\n \n Total Hearing Notices Issued<\/td>\n 3495<\/td>\n 5090<\/td>\n An increase of 45%<\/td>\n<\/tr>\n \n Total Renewal Notices Issued<\/td>\n 1811<\/td>\n 458<\/td>\n A decrease of 74%<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Total Number of New Applications Received from September 09, 2017 to September 19, 2017<\/u><\/strong><\/p>\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 593<\/td>\n 241<\/td>\n 984<\/td>\n 830<\/td>\n<\/tr>\n \n 2<\/td>\n CHENNAI<\/td>\n 771<\/td>\n 320<\/td>\n 1065<\/td>\n 1243<\/td>\n<\/tr>\n \n 3<\/td>\n DELHI<\/td>\n 1797<\/td>\n 738<\/td>\n 2564<\/td>\n 3268<\/td>\n<\/tr>\n \n 4<\/td>\n KOLKATA<\/td>\n 139<\/td>\n 133<\/td>\n 410<\/td>\n 439<\/td>\n<\/tr>\n \n 5<\/td>\n MUMBAI<\/td>\n 1065<\/td>\n 444<\/td>\n 1405<\/td>\n 1939<\/td>\n<\/tr>\n \n Total<\/strong><\/td>\n \u00a0<\/strong><\/td>\n 4365<\/strong><\/td>\n 1876<\/strong><\/td>\n 6428<\/strong><\/td>\n 7719<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Trade Mark Statistics from January 01, 2017 to September 26, 2017 <\/u><\/strong><\/p>\n
\n
- Total Number of Trade Mark Applications Filed \u2013 189324<\/li>\n
- Total Number of Trade Mark Applications Examined \u2013 139770<\/li>\n
- Total Number of Trade Mark Applications Published \u2013 128924<\/li>\n
- Total Number of Trade Mark Applications Registered – 233318<\/li>\n<\/ul>\n
INTERESTING TRADE MARKS<\/strong><\/h2>\n
Jurassic World: Fallen Kingdom-Universal Studios<\/strong><\/h3>\n
Universal City Studios LLC and Amblin’ Entertainment, Inc., have jointly filed 10 new trade mark applications under the USPTO for the mark ‘Jurassic World: Fallen Kingdom’. The mark has been filed under classes 41, 30, 29, 28, 25,18, 16,14, 9 and 3 which deals with entertainment services as well as merchandising. The marks has been filed on an intent to use basis.<\/p>\n
INDIAN TRADE MARK UPDATES<\/strong><\/h2>\n
Bata India Limited <\/strong>(Plaintiff) vs. M\/S B.S.R. Stylish Walk (Defendant)<\/strong><\/h3>\n
Subject –<\/strong> Trade Mark Infringement, Passing Off
\nBrief Facts \u2013 <\/strong>Plaintiff is the registered proprietor of the trade mark BATA in various classes including Class 25. The Plaintiff was incorporated in India in 1931 and is considered to be the largest retailer and leading manufacturer of footwear in India with a global presence. Plaintiff learned that the Defendant is engaged in the sale of footwear under different third party brands including the merchandise of the Plaintiff, but is neither the authorized distributor nor the wholesaler. Further, the Defendant has also adopted the name and style of BATA SHOWROOM as its trading style without any authorization from the Plaintiff.
\nBased on these circumstances, the Plaintiff filed a suit before the Delhi High Court seeking relief for trade mark infringement and passing off.
\nJudgment: <\/strong>On perusal of evidence and having heard the learned counsel of the Plaintiff, the Court opined that due to extensive worldwide use over a substantial period of time, the Plaintiff’s BATA mark and BATA logo have acquired reputation and goodwill in the marks globally as well as in India. The Court held that the trade mark, logo, and label BATA used by the Defendant amounts to infringement of Plaintiff\u2019s trade mark and issued a decree of permanent injunction against the Defendant from using the mark BATA or any other mark similar to that of the Plaintiff.<\/p>\nINTERNATIONAL TRADE MARK UPDATES<\/strong><\/h2>\n
Pet Food Producer Screech Trade Mark Infringement<\/strong><\/h3>\n
Premium Nutritional Products, Inc (\u201cPNP\u201d), a Kansas based company engaged in manufacturing animal feed under the brand name ‘ZuPreem’ has filed a trade mark infringement suit against Kaytee Products Inc., which is also providing premium care products for pets. PNP has filed for preliminary injunction against Kaytee\u2019s ‘Fruit Blend’, a parrot food product in the shape of fruits, which imitates ZuPreem’s \u2018Fruit Blend\u2019 having the same concept. PNP has alleged that the color combination and packaging is likely to confuse the consumers between the two products. Kaytee is yet to file a response for the same.<\/p>\n
Palace Sports Files New Trade Mark Application<\/strong><\/h3>\n
Palace Sports & Entertainment, LLC, an American sports and entertainment company has filed for a new trade mark with the USPTO for the mark \u2018Motor City Soccer Club\u2019. The mark has been filed under classes 09, 16, 25, 28 and 41 bearing application Number 87624848. The company has earlier filed for \u2018Detroit City Soccer Club\u2019 under the same head of classes. The new applications have been most likely filed with the intention to expand soccer in Detroit.<\/p>\n
TRADE MARK LICENSING UPDATES<\/strong><\/h2>\n
American Eagle Ties Up with Aditya Birla for India Stores<\/strong><\/h3>\n
American Eagle\u00a0Outfitters Inc., an American clothing and accessories retailer is entering India by signing a multi-year license agreement with the Aditya Birla Group, a multinational conglomerate. The first stores are expected to open in Delhi and Mumbai in spring 2018. American Eagle Outfitters currently operates more than 1,000 retail stores in the United States, Canada, Mexico, China and Hong Kong, and ships to 82 countries worldwide through their e-commerce websites.<\/p>\n
GEOGRAPHICAL INDICATION UPDATES<\/strong><\/h2>\n
Kannur Baby Wraps Applied for Geographical Indication (GI) Registration<\/strong><\/h3>\n
The Lokanath Weavers Industrial Co-operative Society Ltd. has filed a GI application with the Geographical Indications Registry for \u201cKannur Baby Wraps\u201d bearing Application Number 576 for baby wraps (sets of sheets and towel) in Class 24. This application is filed to provide legal protection to the original handwork against infringement and for the up-liftment of the weavers.<\/p>\n
BananaIP Seminars and Events<\/strong><\/h2>\n
Seminar on \u201cBuilding an IP Framework for your Organization\u201d<\/strong><\/h3>\n
After the success of its seminar for corporate inventors, The Strategic Inventor, BananaIP is now organizing a seminar for up and coming organizations in the IT, Electronics, Telecom and Electrical industries on building IP frameworks. The objective of the seminar is to help companies understand the value of IP in these industries, build, protect and manage IP efficiently, and leverage IP for their business success. More information about the seminar is available at: https:\/building-intellectual-property-framework-organization\/\u00a0<\/a><\/p>\n
BananaIP TIP OF THE WEEK<\/strong><\/h2>\n
Trademark Due-Diligence<\/h3>\n
Before you finalize and make any heavy investments into the marketing or production of your brand name, ensure the necessary due diligence is conducted through a trade mark search. By doing so you are trying to rule out the possibility of any infringement of existing same or similar trade marks.<\/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 provides a comprehensive overview of recent trade mark and IP developments in India, including the BATA infringement case and American Eagle\u2019s entry. It also covers GI protection efforts and updates on BananaIP\u2019s IP seminars.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":15,"footnotes":""},"categories":[6,11],"tags":[8765,8763,3951,184,4722,8764,1754,8757],"class_list":["post-40783","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-trademarks","tag-aditya-birla-group","tag-american-eagle-india","tag-bananaip-seminar","tag-geographical-indication","tag-ip-updates","tag-kannur-baby-wraps","tag-trade-mark-infringement","tag-trade-mark-statistics"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/40783","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=40783"}],"version-history":[{"count":3,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/40783\/revisions"}],"predecessor-version":[{"id":136295,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/40783\/revisions\/136295"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=40783"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=40783"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=40783"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}