\u201cIndian Trade Mark Statistics for December (Fourth Week) 2017, Bengaluru New Tourism Logo, Kamat Hotel Wins Orchid Trade Mark Battle, Lord of the Rings Wine Collection and more Weekly Trade Mark News\u201d brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.<\/p>\n
“A brand for a company is like a reputation for a person. You earn reputation by trying to do hard things well”- Jeff Bezos<\/p><\/blockquote>\n
INDIAN TRADE MARK STATISTICS <\/strong><\/h2>\n
The Indian Trade Mark Office had picked up the work pace in the last week. The total number of applications published in the trade mark journal has increased by hundred and six percent (106%). There has also been an increase in the total number of registrations granted by hundred and sixty three percent (163%).<\/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 5114<\/td>\n 7788<\/td>\n An increase of 52%<\/td>\n<\/tr>\n \n Total Applications Disposed through Show Cause Hearings<\/td>\n 4341<\/td>\n 6524<\/td>\n An increase of 50%<\/td>\n<\/tr>\n \n Total Applications Published in the Trade Mark Journal<\/td>\n 8766<\/td>\n 18133<\/td>\n An increase of 106%<\/td>\n<\/tr>\n \n Total Registrations Granted<\/td>\n 3974<\/td>\n 10465<\/td>\n An increase of 163%<\/td>\n<\/tr>\n \n Total Hearing Notices Issued<\/td>\n 10910<\/td>\n 9348<\/td>\n A decrease of 14%<\/td>\n<\/tr>\n \n Total Renewals Notices Issued<\/td>\n 1551<\/td>\n 2015<\/td>\n An increase of 29%<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Trade Mark Statistics by Office<\/strong><\/h3>\n
Total Number of New Applications Received from December 18th<\/sup>, 2017 to December 26th<\/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 823<\/td>\n 467<\/td>\n 1422<\/td>\n 1397<\/td>\n<\/tr>\n \n 2<\/td>\n CHENNAI<\/td>\n 1308<\/td>\n 718<\/td>\n 3091<\/td>\n 1646<\/td>\n<\/tr>\n \n 3<\/td>\n DELHI<\/td>\n 2367<\/td>\n 1350<\/td>\n 5037<\/td>\n 3623<\/td>\n<\/tr>\n \n 4<\/td>\n KOLKATA<\/td>\n 319<\/td>\n 219<\/td>\n 790<\/td>\n 472<\/td>\n<\/tr>\n \n 5<\/td>\n MUMBAI<\/td>\n 1824<\/td>\n 720<\/td>\n 4667<\/td>\n 2687<\/td>\n<\/tr>\n \n Total<\/strong><\/td>\n \u00a0<\/strong><\/td>\n 6641<\/strong><\/td>\n 3474<\/strong><\/td>\n 15007<\/strong><\/td>\n 9825<\/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 26th<\/sup>, 2017 <\/u><\/strong><\/p>\n
\n
- Total Number of Trade Mark Applications Filed \u2013 249724<\/li>\n
- Total Number of Trade Mark Applications Examined \u2013 154843<\/li>\n
- Total Number of Trade Mark Applications Published \u2013 139860<\/li>\n
- Total Number of Trade Mark Applications Registered –<\/strong> 299933<\/li>\n<\/ul>\n
INTERESTING TRADEMARK<\/strong><\/h2>\n
\u201cI LIKE BIG BUTTER AND I CAN NOT LIE\u201d Trade Mark<\/strong>
\nAn individual named Levy Alan had filed for a trade mark \u2018I Like Big Butter and I Can Not Lie\u2019 with the USPTO in class 29 bearing application number 87423662 for butter. The USPTO recently allowed and published the mark where it is now open for possible oppositions.<\/p>\nINDIAN TRADE MARK UPDATES<\/strong><\/h2>\n
Kamat Hotel Wins \u2018Orchid\u2019 Trade Mark Case<\/strong><\/h3>\n
Royal Orchid Hotels Ltd. (Petitioner) <\/strong>v. Kamat Hotels (India) Ltd. (Respondents)<\/strong>
\nSubject- Trade Mark infringement, Passing Off
\nBrief Facts: The Petitioner, who is the registered trade mark owner of the mark \u2018Royal Orchid\u2019 and \u2018Royal Orchid Hotels\u2019 in class 16 since 2005 also filed for the said marks in class 42 which was refused by the Deputy Registrar of Trade Marks showcasing that the Respondents has prior usage over the mark \u2018Orchid\u2019. In appeal before the Intellectual Property Appellate Board (IPAB), it set aside the order of the Deputy Registrar and allowed registration of the Petitioner\u2019s trade mark in class 42. The Respondent filed a writ petition before the High Court of Madras and the same was allowed. Aggrieved, the Petitioner filed this Special Leave Petition before the Supreme Court of India seeking leave to appeal against the aforesaid order of the High Court.
\nJudgement: Supreme Court dismissed the special leave petition filed by the Petitioner and upheld the order of the Madras High Court restraining the Petitioner from using the word \u2018Orchid\u2019 or any logo which is similar to that of the Respondents. Based on the evidence, the Court recognized that the Respondents was the prior user of the mark \u2018Orchid\u2019 and the mark used by the Petitioner is similar and passing off on the original. The Court also held that the usage of the mark by the Petitioner would create consumer confusion.<\/p>\nBengaluru Gets a Logo<\/strong><\/h3>\n
Bengaluru, the vibrant city of various cultures, colors and flavours becomes the first city in India to get its own logo. The red and white logo, an initiative of the tourism department is scripted partly in Kannada and partly in English with the letters \u2018Be\u2019 and \u2018u\u2019 in red color. The logo was launched during Bengaluru Habba- an open street festival in front of the state assembly, Vidhan Soudha. With the new logo, Bengaluru joins New York, Paris, Berlin, London, Singapore and other global cities with its own tourism logo.<\/p>\n
INTERNATIONAL TRADEMARK UPDATES<\/strong><\/h2>\n
Amazon Files for \u2018Amazontube\u2019 Trade Mark<\/strong><\/h3>\n
Amazon Technologies, Inc. has filed a trade mark application for a video streaming service titled \u2018Amazontube\u2019 with the USPTO on 05th<\/sup> December 2017. Amazon has filed the trade mark on the same day Google announced its intention to block YouTube from Amazon devices such as Fire TV and Echo Show. The application bearing the serial number 87709325 has been filed in classes 09, 35, 38, 39, 41, 42 and 45.<\/p>\n
Star Wars \u2018Sabacc\u2019 Mobile Game in Trouble<\/strong><\/h3>\n
Lucasfilm Ltd. LLC, an American film and television production company part of Walt Disney filed a federal trade mark law suit to block a mobile app based on \u2018Sabacc\u2019, a card game. Sabacc is a card game that was first introduced in \u2018The Empire Strikes Back\u2019 and \u2018Star War\u2019 novels. In 2015, a company called Ren Ventures started a mobile game named \u2018Sabacc\u2019 and obtained a trade mark registration in 2016 for the term. Lucasfilm has now challenged the registration claiming that it is likely to create customer confusion. In the lawsuit, it is also claimed that the \u2018Sabacc\u2019 mobile game exactly mimics the rules of the fictional game from Star Wars.<\/p>\n
TRADE MARK LICENSING UPDATES<\/strong><\/h2>\n
WWE Mayhem Mobile Game Available Now <\/strong><\/h3>\n
World Wrestling Entertainment, Inc., an American entertainment company has partnered with Reliance Games, a global developer of free-to-play mobile games to launch \u2018WWE Mayhem\u2019 an arcade action game featuring WWE superstars. The mobile game can be downloaded for free on iOS and Android smartphones and tablets.<\/p>\n
Lord of the Rings \u2013 Wine Collection<\/strong><\/h3>\n
Warner Bros. Entertainment Inc., an American entertainment company has teamed up with Lot18, which curates, markets and retails fine wine online, to release a new limited edition collection of wine inspired by \u2018Lord of the Rings\u2019. The range includes four varieties of wine featuring the characters Aragorn, Frodo, Galadriel, and Gandalf. Each variety has a limited edition of 6,000 bottles and is available on the Lot18 e-commerce website.<\/p>\n
GEOGRAPHICAL INDICATION UPDATES<\/strong><\/h2>\n
Karnataka Tops GI List in India<\/strong><\/h3>\n
As per the\u00a0latest report on registration of Geographical Indications released recently by the Union ministry of commerce and industry,\u00a0301 products have been registered since 2004. Karnataka tops the list with 39 items followed by Maharashtra at 30. The latest GI registrations that Karnataka has obtained are Udupi Sarees, Guledgudd Khana, Navalgund Durries, Ganjifa Cards of Mysore and Karnataka Bronzeware.<\/p>\n
BANANAIP TIP OF THE WEEK<\/strong><\/h2>\n
One can file a trade mark application with an intent to use the mark in the future.\u00a0 However you have the obligation to show usage of the mark on a product or service within five years or otherwise lose the registration.\u00a0 You can file an intent to use trademark application when you have concerns that the same or a similar mark can be easily adopted by competitors.<\/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 edition reports on Indian trademark statistics, Bengaluru\u2019s new tourism logo, key legal disputes, and updates on international trademarks. Coverage includes the Amazontube application, Star Wars Sabacc litigation, WWE Mayhem\u2019s launch, and recent GI registrations in Karnataka.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":7,"footnotes":""},"categories":[6,11],"tags":[8893,8892,639,2756,1258,8894,1468,8895],"class_list":["post-41133","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-trademarks","tag-amazontube","tag-bengaluru-logo","tag-geographical-indications","tag-indian-trademark-statistics","tag-intellectual-property-india","tag-star-wars-sabacc","tag-trademark-news","tag-wwe-mayhem"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41133","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=41133"}],"version-history":[{"count":2,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41133\/revisions"}],"predecessor-version":[{"id":136474,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41133\/revisions\/136474"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=41133"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=41133"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=41133"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}