\u201cIndian Trade Mark Statistics for January (First Week) 2018, Rajinikanth\u2019s Hand Symbol in Trade Mark Trouble?, Levis Trade Mark Infringement, Personalized Music Experiences in Facebook, Tulaipanju Rice Gets GI Registration, and more Weekly Trade Mark News\u201d brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.<\/p>\n
“Trade licensing almost inevitably becomes a tool in the hands of a special producer group to maintain a monopoly position at the expense of the rest of the public. There is no way to avoid this result”- Milton Friedman<\/p><\/blockquote>\n
INDIAN TRADE MARK STATISTICS <\/strong><\/h2>\n
The Indian Trade Mark Office had a good start for the new year. The total number of applications examined by Trade Mark Office has increased by seventy-three percent (73%). There has also been an increase in the total number of registration granted by twenty-nine percent (29%).<\/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 5394<\/td>\n 9321<\/td>\n An increase of 73%<\/td>\n<\/tr>\n \n Total Applications Disposed through Show Cause Hearings<\/td>\n 3572<\/td>\n 6184<\/td>\n \u00a0An increase of 73%<\/td>\n<\/tr>\n \n Total Applications Published in the Trade Mark Journal<\/td>\n 0<\/td>\n 15264<\/td>\n \u00a0An increase of 15264<\/td>\n<\/tr>\n \n Total Registrations Granted<\/td>\n 9299<\/td>\n 11966<\/td>\n \u00a0An increase of 29%<\/td>\n<\/tr>\n \n Total Hearing Notices Issued<\/td>\n 7830<\/td>\n 11463<\/td>\n \u00a0An increase of 46%<\/td>\n<\/tr>\n \n Total Renewals Notices Issued<\/td>\n 810<\/td>\n 4805<\/td>\n \u00a0An increase of 493%<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Trade Mark Statistics by Office<\/strong><\/h3>\n
Total Number of New Applications Received from January 01st<\/sup>, to January 10th<\/sup>, 2018<\/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 892<\/td>\n 578<\/td>\n 1169<\/td>\n 1536<\/td>\n<\/tr>\n \n 2<\/td>\n CHENNAI<\/td>\n 1275<\/td>\n 915<\/td>\n 2790<\/td>\n 2070<\/td>\n<\/tr>\n \n 3<\/td>\n DELHI<\/td>\n 2525<\/td>\n 1751<\/td>\n 4851<\/td>\n 4019<\/td>\n<\/tr>\n \n 4<\/td>\n KOLKATA<\/td>\n 430<\/td>\n 270<\/td>\n 567<\/td>\n 504<\/td>\n<\/tr>\n \n 5<\/td>\n MUMBAI<\/td>\n 1443<\/td>\n 1005<\/td>\n 4102<\/td>\n 3137<\/td>\n<\/tr>\n \n Total<\/strong><\/td>\n \u00a0<\/strong><\/td>\n \u00a06565<\/strong><\/td>\n \u00a04519<\/strong><\/td>\n \u00a013479<\/strong><\/td>\n \u00a011266<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n INTERESTING TRADE MARK<\/strong><\/h2>\n
Urinal Trade Mark for Bakery Goods?<\/strong><\/h3>\n
\u2018Urinal\u2019 is a trade mark registered under class 30 for products including but not limited to bakery goods, coffee, tea, breath freshener, candy and gum. The Application was filed by an individual named Volin Dee in 2014.<\/p>\n
INDIAN TRADE MARK UPDATES<\/strong><\/h2>\n
Levi Strauss & Co. vs. Rajesh Agarwal<\/strong><\/h3>\n
Subject- Trade Mark Infringement, Passing Off
\nBrief Facts: The Plaintiff, a well-known brand claims to be using the trade mark \u2018LEVI\u2019S\u2019, \u2018LEVI STRAUSS\u2019 and its derivatives since 1850. The Plaintiff is the registered proprietor of the trade marks in various classes in India and other countries. The Plaintiff became aware that the Defendants were engaged in selling apparels bearing identical logos and devices as of theirs. The Plaintiff instituted a suit before the Delhi High Court for a permanent injunction against the Defendants.
\nJudgement: The Delhi High Court held that the use of the identical labels and marks clearly constitutes infringement of the registered trade marks of the Plaintiff. The Court further held that the labels and other brand identifiers used by the Defendants constitute passing off of their products as those originating from the Plaintiff. The Court, therefore, passed a decree of permanent injunction restraining the Defendants from using the trade marks \u2018LEVI\u2019S\u2019, \u2018LEVI STRAUSS\u2019 or any other mark similar to that of the Plaintiff.<\/p>\nRajanikanth\u2019s Hand Symbol in Trouble?<\/strong><\/h3>\n
A Mumbai-based start-up, Voxweb has written a letter to Rajinikanth, the veteran Indian film actor and a would-be politician, claiming that the yogic hand symbol to be used by actor as a symbol of his political party is strikingly similar to the startup\u2019s logo. The hand symbol comprises of two middle fingers down with the thumb and the little and index fingers raised in a broad V. Voxweb, a social networking app has a similar brand logo, but with the thumb left free. It is claimed that confusion would arise in the minds of the public as to whether the startup is a supporter of Rajinikanth\u2019s political party. The actor is yet to respond to the letter.<\/p>\n
AMUL Sues Trade Mark Registry Offices in India<\/strong><\/h3>\n
Amul, the popular Indian dairy cooperative, managed by the Gujarat Co-operative Milk Marketing Federation Ltd. has filed a case before the High Court of Gujarat against India\u2019s Trade Mark Registry offices in Delhi, Mumbai, Kolkata, Chennai and Ahmedabad for allowing the registration of the mark \u2018AMUL\u2019 and similar sounding names filed by other companies. Amul alleges that several companies ranging from tractor manufacturers to undergarment makers use the brand name \u2018AMUL\u2019 for their products.<\/p>\n
INTERNATIONAL TRADE MARK UPDATES<\/strong><\/h2>\n
Samsung Files for \u2018DeX Pad\u2019 Trade Mark<\/strong><\/h3>\n
Samsung Electronics Co. Ltd has filed a trade mark application for the mark \u2018DeX Pad\u2019 with the European Intellectual Property Office (EUIPO). While no further details have been revealed, the \u2018DeX Pad\u2019 is expected to be a charging pad that will wirelessly charge a smartphone while in use. The application filed on 29th<\/sup> December, 2017 has been allotted application number 017650938 and is filed under class 09.<\/p>\n
TRADE MARK LICENSING UPDATES<\/strong><\/h2>\n
Harry Potter and Fantastic Beast Franchise to be Launched<\/strong><\/h3>\n
Wow! Stuff, a UK based toy company has entered into a partnership deal with Warner Bros. Consumer Products Inc. to launch a new Wizarding World inspired toys and gift lines featuring the Harry Potter and Fantastic Beast products. The range will launch across the EMEA (Europe, the Middle East and Africa) region in 2018.<\/p>\n
Universal Music Group Partners with Facebook to Provide Personalized Music Experiences<\/strong><\/h3>\n
Universal Music Group (UMG), an American global music corporation signs a multi-year partnership deal with Facebook for facilitating new music based experiences online through social platforms. Under this deal, users will be able to upload videos that contain licensed music, and can personalize their music experience on Facebook, Instagram and Oculus while sharing the videos with friends and family. UMG is the foremost major music company to license its recorded music and publishing catalogues for videos and societal experiences across social platforms.<\/p>\n
GEOGRAPHICAL INDICATION UPDATES<\/strong><\/h2>\n
Tulaipanji Rice <\/strong>gets Geographical Indication (GI) Tag<\/strong><\/h3>\n
Dinajpur district in West Bengal traditionally famous for its indigenous rice biodiversity has obtained GI registration for its Tulaipanji rice. The word Tulaipanji is derived from the word \u2018Tulan\u2019 or \u2018Tulashali\u2019 which means scented and very soft like cotton. The cooked rice is said to be tasty, good in texture, bright in appearance, non-sticky and friable due to high amylase content. One of the distinct features is that the aroma has been found stable and strong in the parboiled rice even up to one year. The GI application was filed by the State Agricultural Management & Extension Training Institute (SAMETI), and Uttar Banga Krishi Viswavidyalaya in 2015.<\/p>\n
BANANAIP TIP OF THE WEEK<\/strong><\/h2>\n
A trade mark is granted for 10 years and unless renewed will be lost.\u00a0 A notification will be received from the Trademark Registry approximately a month before expiration but the burden is on the trade mark owner to ensure proper and timely renewals.<\/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 week\u2019s trade mark news covers Amul\u2019s case against Indian Trade Mark Offices, a challenge to Rajinikanth\u2019s hand symbol, and Harry Potter franchise licensing developments. Also featured are updates on Tulaipanji rice GI registration and key trade mark statistics in India.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":4,"footnotes":""},"categories":[6,11],"tags":[2242,184,8908,1258,8907,8868,41,8909],"class_list":["post-41172","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-trademarks","tag-amul","tag-geographical-indication","tag-harry-potter-franchise","tag-intellectual-property-india","tag-rajinikanth","tag-trade-mark-news","tag-trademark-infringement-2","tag-tulaipanji-rice"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41172","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=41172"}],"version-history":[{"count":2,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41172\/revisions"}],"predecessor-version":[{"id":136491,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41172\/revisions\/136491"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=41172"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=41172"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=41172"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}