\u201cIndian Trade Mark Statistics for March (Third Week) 2018, Corona Beer weds Corona Lime, Trade Marking a Face , MP Fails to Obtain GI Tag for Basmati and more\u201d brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.<\/p>\n
“Products are made in the factory, but brands are created in the mind” – Walter Landor<\/p><\/blockquote>\n
INDIAN TRADE MARK STATISTICS<\/strong><\/h2>\n
The Indian Trade Mark Office had an overall decrease in its productivity. The total number of renewal notices issued has decreased by seventeen percent (17%). Similarly, the total number registrations granted has decreased by twenty eight percent (28%).<\/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 9915<\/td>\n 9582<\/td>\n A decrease of 3%<\/td>\n<\/tr>\n \n Total Applications Disposed through Show Cause Hearings<\/td>\n 9415<\/td>\n 7803<\/td>\n A decrease of 17%<\/td>\n<\/tr>\n \n Total Applications Published in the Trade Mark Journal<\/td>\n 10529<\/td>\n 10977<\/td>\n An increase of 4%<\/td>\n<\/tr>\n \n Total Registrations Granted<\/td>\n 9796<\/td>\n 7043<\/td>\n A decrease of 28%<\/td>\n<\/tr>\n \n Total Hearing Notices Issued<\/td>\n 11633<\/td>\n 5356<\/td>\n A decrease of 54%<\/td>\n<\/tr>\n \n Total Renewals Notices Issued<\/td>\n 2212<\/td>\n 2590<\/td>\n An increase of 17%<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Trade Mark Statistics by Office<\/strong><\/h3>\n
Total Number of New Applications Received from March 21st<\/sup> to March 28th<\/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 847<\/td>\n 569<\/td>\n 844<\/td>\n 705<\/td>\n<\/tr>\n \n 2<\/td>\n CHENNAI<\/td>\n 1497<\/td>\n 869<\/td>\n 2369<\/td>\n 1364<\/td>\n<\/tr>\n \n 3<\/td>\n DELHI<\/td>\n 2553<\/td>\n 1641<\/td>\n 3105<\/td>\n 2596<\/td>\n<\/tr>\n \n 4<\/td>\n KOLKATA<\/td>\n 590<\/td>\n 266<\/td>\n 526<\/td>\n 377<\/td>\n<\/tr>\n \n 5<\/td>\n MUMBAI<\/td>\n 1859<\/td>\n 1080<\/td>\n 2516<\/td>\n 1589<\/td>\n<\/tr>\n \n Total<\/strong><\/td>\n \u00a0<\/strong><\/td>\n 7346<\/strong><\/td>\n 4425<\/strong><\/td>\n 9360<\/strong><\/td>\n 6631<\/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 March 28th<\/sup> , 2018<\/u><\/strong><\/p>\n
\n
- Total Number of Trade Mark Applications Filed \u2013 71529<\/li>\n
- Total Number of Trade Mark Applications Examined \u2013 \u00a043011<\/li>\n
- Total Number of Trade Mark Applications Published \u2013 96728<\/li>\n
- Total Number of Trade Mark Applications Registered \u2013<\/strong> 105890<\/li>\n<\/ul>\n
INTERESTING TRADE MARK<\/strong><\/h2>\n
Trade Marking the Face<\/strong><\/h3>\n
In a recent case, Brandon M. Dennis (alias Oxhorn), a musician, author, and game live streamer has filed five US trade mark applications, including two for the portrait of his face. The applications for the drawing describe the trade mark as “the image of a man\u2019s face who is wearing a hat and a beard and that is smiling while holding a cigar between his lips\u201d. These marks have been filed by OXHORN LLC, owned by Brandon M. Dennis.<\/p>\n
INDIAN TRADE MARK UPDATES<\/strong><\/h2>\n
M\/S. \u00a0Wockhardt Limited (Plaintiffs) <\/strong>v. Maha Avtar Healthcare Pvt. Ltd. (Defendants)<\/strong><\/h3>\n
A suit was filed for permanent injunction restraining the Defendant from manufacturing and selling any pharmaceutical products under the impugned trade mark \u2018SPAS PROXIVON\u2019. The Plaintiff is the owner of the registered trade mark SPASMO PROXYVON, which was invented as a distinctive mark in 1977. It is stated in the Plaint that the Plaintiff markets its products in distinctive blue colored capsules which are further packed in cartons having an eye-catching artistic get-up. The Defendant is engaged in manufacturing and marketing a pharmaceutical product under the mark \u2018SPAS PROXIVON\u2019 bearing a deceptively similar packaging and used for treatment identical to that of the Plaintiff\u2019s product.
\nThe Court is of the view that due to extensive use over substantial period of time, the Plaintiff\u2019s trade mark has acquired reputation and goodwill in India. The court noted that the use of the impugned mark and packaging by the Defendant was bound to cause incalculable loss, harm and injury to the Plaintiff and immense public harm. The Court, therefore, decreed the suit in favor of the Plaintiff.<\/p>\nINTERNATIONAL TRADE MARK UPDATES<\/strong><\/h2>\n
OREO and NILLA Cookies to be Breakfast Cereals<\/strong><\/h3>\n
After Nutter Butter and Chips Ahoy!, the International Great Brands, LLC, filed applications to register the trade marks GOLDEN OREO<\/strong> and NILLA<\/strong> with the US on 8th<\/sup> March, 2018. Oreo and Nilla are popular biscuit or cookie products.\u00a0 The trade mark applications cover “breakfast cereals” in Class 30 and have been filed on an intent to use basis.<\/p>\n
TRADE MARK LICENSING UPDATES<\/strong><\/h2>\n
Corona Beer weds Corona Lime<\/strong><\/h3>\n
Here is some exciting news for all the Corona beer lovers out there who cannot imagine having one without the nice slice of lime.\u00a0 A new deal has been brokered between Constellation Brands, the proprietor of Corona, and Earth Source, an American fresh produce grower, for the sourcing and distribution of Corona-branded limes. These limes will be sold in six packs and bulk boxes as early as this year.<\/p>\n
Redbubble and Retail Monster Partner to Expand Portfolio<\/strong><\/h3>\n
Online marketplace Redbubble has announced a new partnership with brand extension and licensing company Retail Monster. This new tie will assist Redbubble gain access to new licensing teams and brands, while Retail Monster will be able to enhance its ability to connect its clients to a vast network of artists and fans.<\/p>\n
GEOGRAPHICAL INDICATION UPDATES<\/strong><\/h2>\n
MP Fails to Bag Basmati GI Tag <\/strong><\/h3>\n
In a recent order passed by the Geographical Indication Registry, Madhya Pradesh has lost the battle to be included in the list of Basmati growing regions. The order has been passed after an opposition was filed by Madhya Kshetra Basmati Growers & others against the Agricultural & Processed Food Products Export Development Authority (APEDA) to include Madhya Pradesh in the list of basmati growing regions which includes states such as Punjab, Haryana, Himachal Pradesh, Delhi, Uttarakhand, western Uttar Pradesh and Jammu & Kashmir.<\/p>\n
BANANAIP TIP OF THE WEEK<\/strong><\/h2>\n
It is quite possible for the two parties to get a trade mark for the same mark in the same class if the products or services they offer are drastically different.\u00a0 Class 41 covers education and also entertainment services, therefore if two companies want to use same or similar marks in Class 41 they can as long as no overlap exists.<\/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":"The bulletin covers key updates in Indian trade mark law, including statistics, licensing developments, and GI tag decisions. It offers an objective analysis of recent legal cases and industry trends.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":5,"footnotes":""},"categories":[6,11],"tags":[7995,8985,7644,184,8984,8986,2342,8757],"class_list":["post-43222","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-trademarks","tag-basmati-gi-tag","tag-corona-beer","tag-court-cases","tag-geographical-indication","tag-indian-trade-mark-news","tag-redbubble-licensing","tag-trade-mark-licensing","tag-trade-mark-statistics"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/43222","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=43222"}],"version-history":[{"count":3,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/43222\/revisions"}],"predecessor-version":[{"id":136841,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/43222\/revisions\/136841"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=43222"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=43222"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=43222"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}