\u201cIndian Trade Mark Statistics for December ( Second Week) 2017, Apple vs Xiaomi, King Digital Jewellery, Jaradalu Mango GI and more Weekly Trade Mark News\u201d brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.<\/p>\n
\u2018It is easily overlooked that what is now called vintage was once brand new\u2019 – Tony Visconti<\/p><\/blockquote>\n
INDIAN TRADE MARK STATISTICS <\/strong><\/h2>\n
The Indian Trade Mark Office has picked up its pace as compared to the previous week. The total number of applications examined by the Trade Mark Registry has increased by fifty percent (50%). There has also been an increase in the total number of hearing notices issued with an increase of five hundred and forty five percent (545%).<\/p>\n
Weekly Indian Trade Mark Statistics<\/strong><\/h3>\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 4654<\/td>\n 7025<\/td>\n An increase of 50%<\/td>\n<\/tr>\n \n Total Applications Disposed through Show Cause Hearings<\/td>\n 3084<\/td>\n 5388<\/td>\n An increase of 74%<\/td>\n<\/tr>\n \n Total Applications Published in the Trade Mark Journal<\/td>\n 7514<\/td>\n 5985<\/td>\n A decrease of 20%<\/td>\n<\/tr>\n \n Total Registrations Granted<\/td>\n 3221<\/td>\n 5371<\/td>\n An increase of 66%<\/td>\n<\/tr>\n \n Total Hearing Notices Issued<\/td>\n 2241<\/td>\n 14458<\/td>\n An increase of 545%<\/td>\n<\/tr>\n \n Total Renewals Notices Issued<\/td>\n 2173<\/td>\n 2478<\/td>\n An increase of 14%<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Trade Mark Statistics by Office<\/strong>
\nTotal Number of New Applications Received from December 5th<\/sup>, 2017 to December 12th<\/sup>, 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 793<\/td>\n 408<\/td>\n 626<\/td>\n 686<\/td>\n<\/tr>\n \n 2<\/td>\n CHENNAI<\/td>\n 1246<\/td>\n 608<\/td>\n 955<\/td>\n 867<\/td>\n<\/tr>\n \n 3<\/td>\n DELHI<\/td>\n 2158<\/td>\n 1076<\/td>\n 1993<\/td>\n 2088<\/td>\n<\/tr>\n \n 4<\/td>\n KOLKATA<\/td>\n 339<\/td>\n 194<\/td>\n 265<\/td>\n 248<\/td>\n<\/tr>\n \n 5<\/td>\n MUMBAI<\/td>\n 1396<\/td>\n 663<\/td>\n 1367<\/td>\n 1071<\/td>\n<\/tr>\n \n Total<\/strong><\/td>\n \u00a0<\/strong><\/td>\n 5932<\/strong><\/td>\n 2949<\/strong><\/td>\n 5206<\/strong><\/td>\n 4960<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Yearly Trade Mark Statistics<\/strong>
\nTrade Mark Statistics from January 01st<\/sup>, 2017 to December 12th<\/sup>, 2017 <\/u><\/strong><\/p>\n\n
- Total Number of Trade Mark Applications Filed \u2013 239068<\/li>\n
- Total Number of Trade Mark Applications Examined \u2013 270059<\/li>\n
- Total Number of Trade Mark Applications Published \u2013 140436<\/li>\n
- Total Number of Trade Mark Applications Registered –<\/strong> 286017<\/li>\n<\/ul>\n
INTERESTING TRADE MARKS<\/strong><\/h2>\n
Amy Schumer Files for her Name<\/strong><\/h3>\n
Amy Schumer, a stand-up comedian, and actress, has filed new trade mark applications to register her name \u2018Amy Schumer\u2019. The mark has been applied for in two classes, class 25 for sweat shirts and T-shirts and, class 41 for entertainment services. The application has been filed by Muffin Schumer, a holding company in the name of the actress.<\/p>\n
INDIAN TRADE MARK UPDATES<\/strong><\/h2>\n
Verizon Trademark Services LLC & Ors v. Mr. Parth Solanki & Anr<\/strong><\/h3>\n
Subject- Trade Mark Infringement, Trade Mark Dilution<\/strong>
\nBrief Facts-<\/strong>The plaintiff, Verizon Trademark Services is an IP holding company of Verizon Communications, a multinational telecommunication company, which is a registered proprietor of the mark ‘Verizon’ amongst other trade marks and has been using the mark since March, 2000.\u00a0 The defendants have been using the mark Varizon, Varizon Tech, and www.varizontech.com, which is confusingly similar to the mark of the plaintiff. The plaintiff have filed the suit with the Delhi High Court seeking a permanent injunction restraining the defendants from using the plaintiff’s trade mark without authorized permission as well as dilution of the plaintiff’s well known trade mark.
\nJudgment<\/strong>– The court passed an ex-parte order against the defendant as the defendant was not present. The court, therefore issued a decree of permanent injunction restraining the defendants from using the mark ‘Verizon’. However, on the issue of quantum of damages, the court refused to grant the same as sufficient evidence was not submitted by the plaintiff. Also, with regard to the question of granting the plaintiff’s status as well known, the court refused to deal with the issue.<\/p>\nDeregistering Your Trademark is now a New Tax Saving Strategy<\/strong><\/h3>\n
A new strategy adopted by packed food producers pan India is to give up their trade marks to avoid a 5% GST applicable on branded packaged food products. This strategy has come into play following the order issued by the GST Council stating that “any brand registered as on 15 May 2017 under the Trademarks Act or Copyright Act, or under a similar law in any other country shall be deemed to be a registered brand for the purposes of levy of 5 per cent GST, irrespective of whether or not such brand is subsequently deregistered\u201d. However, with the arrival of unbranded food products in the market, branded producers fear losing out to inferior producers and maintenance of brand loyalty.<\/p>\n
INTERNATIONAL TRADE MARK UPDATES<\/strong><\/h2>\n
Apple Wins in Legal Battle against Xiaomi<\/strong><\/h3>\n
Apple Inc, the multinational technology company has won the trade mark battle against Xiaomi against the mark ‘Mi Pad’. The General Court, a constituent court of the Court of Justice of the European Union, has ruled in favor of Apple, stating that the mark ‘Mi Pad’ is confusingly similar to Apple’s mark ‘iPad’. The court held that “The dissimilarity between the signs at issue, resulting from the presence of the additional letter \u2018m\u2019 at the beginning of \u201cMi Pad\u201c, is not sufficient to offset the high degree of visual and phonetic similarity between the two signs”. The Chinese electronic company had applied for the mark ‘Mi Pad’ in 2014. Xiaomi has the option to file an appeal for the same.<\/p>\n
TRADE MARK LICENSING UPDATES<\/strong><\/h2>\n
King Digital Launches New Jewellery<\/strong><\/h3>\n
King Digital Entertainment Plc., developer of the popular games, Candy Crush Saga and Candy Crush Soda Saga, has collaborated with designer Mrinalini Chandra to launch a new range of jewellery. The agreement is being facilitated by Dream Theatre, King\u2019s licensing agent in South Asia. The range comprises of 2D and 3D versions of candy shaped jewellery.<\/p>\n
GEOGRAPHICAL INDICATION UPDATES<\/strong><\/h2>\n
Jaradalu Mango Takes a Positive Step<\/strong><\/h3>\n
Jaradalu mango, a delicacy of Bihar, has taken one step closer to attaining the Geographical Indication tag, as it is has been advertised as accepted by the GI Registry. The application has been filed by Bhagalpuri Jardalu Aam Utpadak Sangh, and is facilitated by the Bihar Agricultural University bearing application No. 551 under class 31. The mango is known for its special light yellow skin.<\/p>\n
BananaIP TIP OF THE WEEK<\/strong><\/h2>\n
Counterfeiting is a common plague that recognized and in demand brands face.\u00a0 Organizations should adopt a proactive strategy to register trade marks, monitor infringement, and take legal action to protect, nurture and build a strong brand.<\/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 bulletin analyses key trademark news from India and abroad, including Apple\u2019s legal victory over Xiaomi, Verizon\u2019s infringement case, and Amy Schumer\u2019s trademark filing. Updates on Jardalu Mango\u2019s GI application and industry trends in trademark deregistration are also discussed.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":19,"footnotes":""},"categories":[6,11],"tags":[8878,8877,184,29,5,8879,1468,531],"class_list":["post-41095","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-trademarks","tag-amy-schumer","tag-apple-vs-xiaomi","tag-geographical-indication","tag-india","tag-intellectual-property","tag-jardalu-mango","tag-trademark-news","tag-verizon"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41095","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=41095"}],"version-history":[{"count":3,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41095\/revisions"}],"predecessor-version":[{"id":136450,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41095\/revisions\/136450"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=41095"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=41095"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=41095"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}