\u201cIndian Trade Mark Statistics for October (Third Week) 2017, TATA Trade Mark Infringement, Comic Con brings Archie Comics to India, Skoda India restrained from using Monte Carlo, Mahabalipuram Stone Sculpture GI and more,\u201d brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.<\/p>\n
“In order for a brand to be truly successful, it has to be known to anticipate need.” – Steve Jobs<\/p><\/blockquote>\n
INDIAN TRADE MARK STATISTICS <\/strong><\/h2>\n
The Indian Trade Mark Office has been considerably active compared to the previous week. The total number of applications examined increased by thirty-eight percent (38%). The total number of applications published in the trade mark journal increased by seventy-four percent (74%). Moreover, the total number of renewal notices issued increased by fifteen percent (15%).<\/p>\n
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\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 5407<\/td>\n 7470<\/td>\n An increase of 38%<\/td>\n<\/tr>\n \n Total Applications Disposed through Show Cause Hearings<\/td>\n 879<\/td>\n 998<\/td>\n An increase of 13%<\/td>\n<\/tr>\n \n Total Applications Published in the Trade Mark Journal<\/td>\n 8583<\/td>\n 15010<\/td>\n An increase of 74%<\/td>\n<\/tr>\n \n Total Registrations Granted<\/td>\n 8112<\/td>\n 7167<\/td>\n A decrease of 11 %<\/td>\n<\/tr>\n \n Total Hearing Notices Issued<\/td>\n 6825<\/td>\n 5037<\/td>\n A decrease of 26%<\/td>\n<\/tr>\n \n Total Renewals Notices Issued<\/td>\n 2399<\/td>\n 2762<\/td>\n An increase of 15%<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Total Number of New Applications Received from October 09th<\/sup> 2017 to October 16th<\/sup>, 2017<\/u><\/strong><\/p>\n
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\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 736<\/td>\n 435<\/td>\n 1799<\/td>\n 653<\/td>\n<\/tr>\n \n 2<\/td>\n CHENNAI<\/td>\n 1091<\/td>\n 621<\/td>\n 2088<\/td>\n 1319<\/td>\n<\/tr>\n \n 3<\/td>\n DELHI<\/td>\n 1863<\/td>\n 1276<\/td>\n 5369<\/td>\n 2766<\/td>\n<\/tr>\n \n 4<\/td>\n KOLKATA<\/td>\n 294<\/td>\n 230<\/td>\n 699<\/td>\n 318<\/td>\n<\/tr>\n \n 5<\/td>\n MUMBAI<\/td>\n 1303<\/td>\n 752<\/td>\n 3056<\/td>\n 1684<\/td>\n<\/tr>\n \n Total<\/strong><\/td>\n \u00a0<\/strong><\/td>\n 5287<\/strong><\/td>\n 3314<\/strong><\/td>\n 13011<\/strong><\/td>\n 6740<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Trade Mark Statistics from January 01, 2017 to October 16, 2017 <\/u><\/strong><\/p>\n
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- Total Number of Trade Mark Applications Filed \u2013 198744<\/li>\n
- Total Number of Trade Mark Applications Examined \u2013 143787<\/li>\n
- Total Number of Trade Mark Applications Published \u2013 135703<\/li>\n
- Total Number of Trade Mark Applications Registered – 245047<\/li>\n<\/ul>\n
\u00a0<\/strong>INTERESTING TRADE MARKS<\/strong><\/h2>\n
\u00a0<\/strong>GRACIE FILM Motion Picture and Sound Trade Mark<\/strong><\/h3>\n
\u00a0<\/strong>Gracie Films, a USA based entertainment production house founded by James L. Brooks, known for producing shows such as The Simpsons, have applied for a number of trade marks including ‘GRACIE FILM’ and ‘JAMES L. BROOKS’. The mark ‘GRACIE FILM” has been applied for logo, animation clip (motion mark), as well as jingle (sound mark). Apart from applying for unconventional marks, word marks have also been applied for ‘GRACIE FILM’ and ‘JAMES L. BROOKS’ with the USPTO. All the marks have been applied under class 41 which mainly covers Entertainment services. The marks have been filed by Trustee(s) of The Brooks Family Trust.<\/p>\n
INDIAN TRADE MARK UPDATES <\/strong><\/h2>\n
TATA wins another Trade Mark case<\/strong><\/h3>\n
Tata Sons Limited <\/strong>(Plaintiff) vs. Sunil Kumar Jangra & Others.\u00a0(Defendant(s))<\/strong>
\nSubject –<\/strong> Trade Mark Infringement, Passing Off, Dilution
\nBrief Facts \u2013<\/strong> The Plaintiff since its inception has been continuously using the trade mark and the trade name TATA, which is said to be India\u2019s oldest, largest and best-known conglomerate. The use of the trade mark TATA by the Plaintiff’s predecessors in its business dates back to the year 1868. The Plaintiff also owns trade mark registrations for the mark TATA in over 50 countries besides India. The Plaintiff learned that the Defendants are engaged in the business of providing transport, packaging and storage of goods, travel arrangement, packaging \/ and moving services under the name and style TATA SAFE PACKERS AND MOVERS. The Defendants are also operating a website under the domain name www.tatasafe.com<\/a>. The Plaintiff filed a suit before the Delhi High Court seeking relief for trade mark infringement and passing off stating that the Defendants\u2019 use of the trade mark TATA and the domain name is deceptively similar to that of the Plaintiff.
\nJudgment: <\/strong>On perusal of evidence and having heard the learned counsel of the Plaintiff, the Court held that the Defendants\u2019 adoption and usage of the trade mark TATA and the domain name www.tatasafe.com<\/a> is bound to cause deception and confusion in the minds of the public.\u00a0 The Court therefore, passed the following orders:<\/p>\n