\u201cIndian Trade Mark Statistics for February (Second Week) 2018, Michael Buble Trade Mark, Bacardi Envious over Trade Mark, Wayanad Robusta Applied for GI and more brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.<\/p>\n
\u2018A brand is nothing but the consumer\u2019s loyalty and trust\u2019\u00a0\u2013 Phil Dusenberry<\/p><\/blockquote>\n
INDIAN TRADE MARK STATISTICS <\/strong><\/h2>\n
The Indian Trade Mark Office had an upbeat week in comparison to the previous. The total number of applications examined has increased by sixteen percent (16%). There has been an increase in the total number of hearings issued by fifty-four percent (54%). However, the total applications published in the journal has decreased by ten percent (10%).<\/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 9170<\/td>\n 10694<\/td>\n An increase of 16%<\/td>\n<\/tr>\n \n Total Applications Disposed through Show Cause Hearings<\/td>\n 6616<\/td>\n 7129<\/td>\n An increase of 7%<\/td>\n<\/tr>\n \n Total Applications Published in the Trade Mark Journal<\/td>\n 10104<\/td>\n 9030<\/td>\n A decrease of 10%<\/td>\n<\/tr>\n \n Total Registrations Granted<\/td>\n 6525<\/td>\n 9799<\/td>\n An increase of 50%<\/td>\n<\/tr>\n \n Total Hearing Notices Issued<\/td>\n 6704<\/td>\n 10353<\/td>\n An increase of 54%<\/td>\n<\/tr>\n \n Total Renewals Notices Issued<\/td>\n 2055<\/td>\n 2635<\/td>\n An increase of 28%<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \u00a0<\/strong>Trade Mark Statistics by Office<\/strong><\/h3>\n
Total Number of New Applications Received from February 6th<\/sup> to February 13th<\/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 864<\/td>\n 594<\/td>\n 698<\/td>\n 1212<\/td>\n<\/tr>\n \n 2<\/td>\n CHENNAI<\/td>\n 1380<\/td>\n 841<\/td>\n 1376<\/td>\n 1610<\/td>\n<\/tr>\n \n 3<\/td>\n DELHI<\/td>\n 2427<\/td>\n 1894<\/td>\n 3396<\/td>\n 3645<\/td>\n<\/tr>\n \n 4<\/td>\n KOLKATA<\/td>\n 458<\/td>\n 300<\/td>\n 309<\/td>\n 495<\/td>\n<\/tr>\n \n 5<\/td>\n MUMBAI<\/td>\n 1587<\/td>\n 1194<\/td>\n 2013<\/td>\n 2351<\/td>\n<\/tr>\n \n Total<\/strong><\/td>\n \u00a0<\/strong><\/td>\n 6716<\/strong><\/td>\n 4778<\/strong><\/td>\n 7783<\/strong><\/td>\n 9313<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Yearly Trade Mark Statistics<\/strong><\/h3>\n
Trade Mark Statistics from January 01st<\/sup>, 2018 to February 13th<\/sup>, 2018<\/u><\/strong><\/p>\n
\n
- Total Number of Trade Mark Applications Filed \u2013 34689<\/li>\n
- Total Number of Trade Mark Applications Examined \u2013 \u00a021737<\/li>\n
- Total Number of Trade Mark Applications Published \u2013 51207<\/li>\n
- Total Number of Trade Mark Applications Registered \u2013<\/strong> 41396<\/li>\n<\/ul>\n
INTERESTING TRADE MARK<\/strong><\/h2>\n
Michael Buble Trade Mark<\/strong><\/h3>\n
Michael Buble, the Canadian Grammy Award winning singer, filed for a trade mark application for his name with the USPTO in September 2015. The mark has been filed under class 03 for cosmetics mainly Body deodorants; Body sprays; Cosmetic preparations. The mark received a registration in November 2016.<\/p>\n
INDIAN TRADE MARK UPDATES<\/strong><\/h2>\n
M\/S THREE-N-PRODUCTS PVT. LTD. V M\/S KAIRALI EXPORTS AND ANR<\/strong><\/h3>\n
Subject: Trade Mark Infringement, Passing Off<\/strong>
\nBrief Facts: The Plaintiff is the registered trade mark owner of the mark \u2018AYUR\u2019 since 1984 in classes 24 and 25 in India and various other countries. The Plaintiff became aware that the Defendants were engaged in using an identical and similar mark \u2018AYURVASTRA\u2019 for similar goods. The Plaintiff thereafter issued a cease and desist notice against the Defendants to which the Defendants admitted their improper adoption and agreed to discontinue the marks \u2018AYUR\u2019 and \u2018AYURVASTRA\u2019. However, the Plaintiffs subsequently came across the usage of the marks by the Defendants, hence the suit was filed before the Delhi High Court for a permanent injunction against the Defendants.
\nJudgement: The Court held that the Plaintiff failed to establish a prima facie case as the word \u2018AYUR\u2019 has been used historically and is derived from the Hindu Vedic texts. Thus, the Plaintiff cannot prima facie claim any proprietorship on the word \u2018AYUR\u2019 per se. The mere fact that Plaintiff claims to be a prior adopter or has substantial turnover is of no consequence.\u00a0\u00a0The Plaintiff has also failed to show that by use of the mark “AYURVASTRA” by the Defendant, the public is likely to get deceived or likely to associate the products of the Defendants with the Plaintiff. The Court, therefore, held that the trade mark of the Defendant is not identical to that of the Plaintiffs in terms of style, design, trade dress and the Plaintiff is not entitled to a grant of an ad-interim injunction.<\/p>\nINTERNATIONAL TRADE MARK UPDATES<\/strong><\/h2>\n
Bacardi Envious over Trade Mark <\/strong><\/h3>\n
Bacardi Limited, the world\u2019s largest privately held liquor company, has lost the trade mark battle to register the mark \u2018Angel Envy\u2019. Bacardi had applied for the mark \u2018Angel Envy\u2019 with the EUIPO in 2015, which was opposed by Le F\u00e9e, claiming that the word \u2018Envy\u2019 has been registered by them to cover spirits and drinks containing absinthe. Bacardi in a counter statement denied any similarity between \u2018absinthe\u2019 or \u2018alcoholic beverages containing absinthe\u2019.\u00a0 The IPO upheld the case in favour of Le F\u00e9e, claiming that even though there is no direct confusion, however, there is a likelihood of indirect confusion between \u2018Angel Envy\u2019 and \u2018Envy\u2019 and ordered damages of \u00a3600 to be paid to Le F\u00e9e. Bacardi will likely appeal against the order of the IPO.<\/p>\n
TRADE MARK LICENSING UPDATES<\/strong><\/h2>\n
Femina Collaborates with IRIS<\/strong><\/h3>\n
Femina Flaunt, the retail brand developed by Bennett, Coleman & Co. Ltd for Femina has collaborated with IRIS Brand LLP, to launch a new eyewear collection. The collection has been launched at the International Trade Expo 2018, held in Mumbai. The collection has been licensed to Shoppers Stop and is available in the range of INR 1700 to INR 4000.<\/p>\n
AC Milan Partners PUMA<\/strong><\/h3>\n
AC Milan, the Italian Football club has entered into a kit supplier engagement with PUMA. The agreement will come into effect from July, 2018, and AC Milan joins Borussia Dortmund and Arsenal FC clubs among others as a part of the PUMA Football Clubs.<\/p>\n
GEOGRAPHICAL INDICATION UPDATES<\/strong><\/h2>\n
Wayanad Robusta Applied for GI<\/strong><\/h3>\n
The Coffee Board, Bangalore has applied for a new application for \u2018Waynad Robusta\u2019 coffee. The application has been filed in January 2018 under class 30 for Coffee with Application Number 605. Robusta coffee, is a species of coffee that has its origins in central and western sub-Saharan Africa. It is known for being soft to neutral in cup, full-bodied, with a very intense aroma and a hint of chocolate.
\nBANANAIP TIP OF THE WEEK<\/strong>
\nFamous or well know marks can stop the dilution of the mark by preventing the use of such marks by others for their products or services.\u00a0 Any usage that is detrimental to the distinctive character or repute of the mark can be infringement.<\/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 presents a comprehensive analysis of recent trade mark developments in India and abroad, including the Ayur case and Bacardi’s EU trade mark dispute. It also covers GI updates and new licensing partnerships in the legal and intellectual property landscape.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":14,"footnotes":""},"categories":[6,11],"tags":[8952,4577,3053,639,8717,8481,1754,8951],"class_list":["post-41292","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-trademarks","tag-ayur","tag-bacardi","tag-brand-protection","tag-geographical-indications","tag-indian-trade-mark-law","tag-licensing-updates","tag-trade-mark-infringement","tag-wayanad-robusta"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41292","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=41292"}],"version-history":[{"count":3,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41292\/revisions"}],"predecessor-version":[{"id":136565,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/41292\/revisions\/136565"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=41292"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=41292"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=41292"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}