\u201cIndian Trade Mark Statistics for December (Third Week) 2017, Toyota Loses Right Over Prius, #Me Too Trade Mark, Black+Decker Enters India, Interesting New GI Applications in India and more Weekly Trade Mark News\u201d brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.<\/p>\n
\u2018A brand is a promise. It creates expectations that the product has to deliver.\u2019 \u2013 Guillaume Van De Stighelen<\/p><\/blockquote>\n
INDIAN TRADE MARK STATISTICS <\/strong><\/h2>\n
The Indian Trade Mark Office had a slow week in comparison to the previous week. The total number of applications published in the trade mark journal has decreased by fifty-six percent (56%). There has also been a decrease in the total number of renewal notices issued with a decrease of forty-four percent (44%).<\/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 7025<\/td>\n 5114<\/td>\n A decrease of 27%<\/td>\n<\/tr>\n \n Total Applications Disposed through Show Cause Hearings<\/td>\n 5388<\/td>\n 4341<\/td>\n A decrease of 19%<\/td>\n<\/tr>\n \n Total Applications Published in the Trade Mark Journal<\/td>\n 5985<\/td>\n 8766<\/td>\n An increase of 46%<\/td>\n<\/tr>\n \n Total Registrations Granted<\/td>\n 5371<\/td>\n 3974<\/td>\n A decrease of 26%<\/td>\n<\/tr>\n \n Total Hearing Notices Issued<\/td>\n 14458<\/td>\n 10910<\/td>\n A decrease of 24%<\/td>\n<\/tr>\n \n Total Renewals Notices Issued<\/td>\n 2478<\/td>\n 1551<\/td>\n A decrease of 37%<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Trade Mark Statistics by Office<\/strong><\/h3>\n
Total Number of New Applications Received from December 13th<\/sup>, 2017 to December 19th<\/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 561<\/td>\n 325<\/td>\n 688<\/td>\n 482<\/td>\n<\/tr>\n \n 2<\/td>\n CHENNAI<\/td>\n 910<\/td>\n 457<\/td>\n 1368<\/td>\n 612<\/td>\n<\/tr>\n \n 3<\/td>\n DELHI<\/td>\n 1629<\/td>\n 866<\/td>\n 2754<\/td>\n 1456<\/td>\n<\/tr>\n \n 4<\/td>\n KOLKATA<\/td>\n 209<\/td>\n 139<\/td>\n 307<\/td>\n 188<\/td>\n<\/tr>\n \n 5<\/td>\n MUMBAI<\/td>\n 1114<\/td>\n 542<\/td>\n 2211<\/td>\n 873<\/td>\n<\/tr>\n \n Total<\/strong><\/td>\n \u00a0<\/strong><\/td>\n 4423<\/strong><\/td>\n 2329<\/strong><\/td>\n 7328<\/strong><\/td>\n 3611<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Yearly Trade Mark Statistics<\/strong><\/h3>\n
Trade Mark Statistics from January 01st<\/sup>, 2017 to December 19th<\/sup>, 2017 <\/u><\/strong><\/p>\n
\n
- Total Number of Trade Mark Applications Filed \u2013 243831<\/li>\n
- Total Number of Trade Mark Applications Examined \u2013 152824<\/li>\n
- Total Number of Trade Mark Applications Published \u2013 142912<\/li>\n
- Total Number of Trade Mark Applications Registered –<\/strong> 290127<\/li>\n<\/ul>\n
INTERESTING TRADEMARK<\/strong><\/h2>\n
\u201c#Me Too\u201d a Trade Mark?<\/strong><\/h3>\n
A USA law firm has applied for a new trade mark application for the phrase \u2018#Me Too Claim\u2019 and \u2018#Me Too\u2019. The phrase has been filed by Excellaw PLLC under class 45 for legal consultation services under the USPTO. The phrase #Me Too is a trending social media campaign for victims of sexual harassment and assault.<\/p>\n
INDIAN TRADE MARK UPDATES<\/strong><\/h2>\n
TOYOTA JIDOSHA KABUSHIKI KAISHA v. M\/S PRIUS AUTO INDUSTRIES LTD. & ORS.<\/strong><\/h3>\n
Subject- Trade Mark infringement, prior user, territorial jurisdiction
\nBrief Facts
\nThe plaintiff, TOYOTA is an automobile manufacturer incorporated under the laws prevailing in Japan having \u2018TOYOTA\u2019, \u2018TOYOTA INNOVA\u2019, \u2018TOYOTA DEVICE\u2019 registered in India during the years 1989-2003. The plaintiff claims to be the prior user of the mark \u2018Prius\u2019 since the year 1990 in Japan.\u00a0 The plaintiff released the car with the mark Prius in India in 2009 but did not register the said mark. The defendant is a partnership firm engaged in the manufacture of automobile spare parts using the mark \u2018TOYOTA\u2019, \u2018TOYOTA INNOVA\u2019 and \u2018TOYOTA DEVICE\u2019 only for the purposes of identification of the product being supplied. They, however, have been using the registered mark \u2018Prius\u2019 since the year 2001 for supplying auto accessories to various automobile giants like Hyundai Motors, General Motors.\u00a0 The plaintiff has claimed trademark infringement and passing off.
\nJudgment<\/strong>
\nThe Court stated the territoriality principle in order to decide and passed an order agreeing with the conclusion of the Division Bench of the High Court that the brand name of the car Prius had not acquired the degree of goodwill, reputation and the market or popularity in the Indian market. Therefore, there exists no such right of a prior user with the plaintiff to maintain an action of passing off against the registered owner in India.
\nFurther, the Court provided that if goodwill or reputation in India is not established by the plaintiff, no other issue really would need any further examination to determine the extent of the plaintiff\u2019s right in the action of passing off.\u00a0 The conclusion of the Division Bench was taken into consideration by the Supreme Court as the plaintiff delayed to register the said mark, and defendants have been using their registered mark to market their goods during the inordinately long period of silence maintained by the plaintiff.<\/p>\nINTERNATIONAL TRADEMARK UPDATES<\/strong><\/h2>\n
Harley Davidson Files New Trade Mark Application<\/strong><\/h3>\n
Harley Davidson Inc, the American motorcycle manufacturer has filed new trade mark applications with the USPTO for the mark \u2018HARLEY-DAVIDSON BRONX\u2019 and \u2018BRONX\u2019 bearing application numbers 87713759 and 87713291 respectively. The applications have been filed under class 12, for motorcycles and structural parts, therefore.<\/p>\n
Apple Opposes Pharma\u2019s Mark<\/strong><\/h3>\n
Apple, the electronics major, has filed for an opposition with the Trademark Trial and Appeal Board (TTAB) in the US for a mark filed by Red Apple Interactive Pharmacy.\u00a0 The opposed mark, filed in class 35 for retail pharmacy services, contains the words \u201cRX\u201d surrounded by the outline of an apple.\u00a0 Though Apple does not have a mark in the same class as Red Apple Interactive Pharmacy, it has claimed that the applied-for mark would cause a likelihood of confusion and dilution.<\/p>\n
TRADE MARK LICENSING UPDATES<\/strong><\/h2>\n
Black+Decker Enters India<\/strong><\/h3>\n
Global kitchen and home appliances major Black+Decker has entered into a licensing agreement with Bangalore based Stovekraft to introduce a new line of branded products.\u00a0 The alliance will be introducing Black+Decker branded blenders and juicers, kettles, cookware, air coolers and several other products.\u00a0 Black+Decker\u2019s brand resonance among the global Indian consumer is a key determinant in its decision to enter India through a domestic partner.<\/p>\n
GEOGRAPHICAL INDICATION UPDATES<\/strong><\/h2>\n
Interesting New GI Applications\u00a0\u00a0\u00a0\u00a0 <\/strong><\/h3>\n
The Geographical Indications Registry of India has received very interesting GI applications recently. Putapaka Telia Rumal from Andhra Pradesh involves dipping the yarn into an oily solution before weaving, Surti Locho from Gujarat, a steamed Gujarati snack originating in Surat, and Oyik from Arunachal Pradesh, a leafy vegetable blended with rice and consumed as a quick energy source, are all vying for GI recognition.<\/p>\n
BANANAIP TIP OF THE WEEK<\/strong><\/h2>\n
Trade Marks for trending phrases<\/h3>\n
Trade Mark protection may be acquired for trending phrases on social media for goods\/services with a well-defined plan for distinguishing the brand in association with the goods\/services from its meaning. It may, in fact, be a good strategy to adopt trending phrases for quick consumer recognition and trade mark strength.<\/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 presents an analytical overview of recent trademark cases and filings, including the Toyota vs Prius decision and #Me Too trademark filings. It also covers Black+Decker\u2019s entry into India, Harley Davidson\u2019s new applications, and notable GI updates, offering insights relevant for intellectual property professionals.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":2,"footnotes":""},"categories":[6,11],"tags":[8888,184,4684,2489,8802,8887,41,1468],"class_list":["post-41110","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-trademarks","tag-black-decker","tag-geographical-indication","tag-gi-applications","tag-harley-davidson","tag-india-trademark-statistics","tag-toyota-prius","tag-trademark-infringement-2","tag-trademark-news"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41110","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=41110"}],"version-history":[{"count":2,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41110\/revisions"}],"predecessor-version":[{"id":136457,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41110\/revisions\/136457"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=41110"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=41110"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=41110"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}