\u201cIndian Trade Mark Statistics for April (Second Week) 2018, Castrol Wins Trade Mark Infringement Suit, Alibaba Sues Cryptocurrency Firm, Madurkathi Bags GI Tag and more\u201d brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.<\/p>\n
\u201cBrand is the holistic sum of customers\u2019 experience, composed of visual, tonal and behavioural brand components, many of which are shaped by interaction design.\u201d –Kate Kaplan<\/p><\/blockquote>\n
INDIAN TRADE MARK STATISTICS <\/strong><\/h2>\n
In the last week, the Indian Trade Mark Office\u00a0have\u00a0had a mixed week. The total number of the total number of hearing notices issued has tremendously increased by two hundred and seventeen percent (217%). Similarly, the total number of applications disposed through show cause hearings has increased by ninety-two percent (92%). However, the number of applications published in the trade mark journal has decreased by 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 2300<\/td>\n 2048<\/td>\n A decrease of 10%<\/td>\n<\/tr>\n \n Total Applications Disposed through Show Cause Hearings<\/td>\n 3420<\/td>\n 6558<\/td>\n An increase of 92%<\/td>\n<\/tr>\n \n Total Applications Published in the Trade Mark Journal<\/td>\n 11049<\/td>\n 6155<\/td>\n A decrease of 44%<\/td>\n<\/tr>\n \n Total Registrations Granted<\/td>\n 8196<\/td>\n 7737<\/td>\n A decrease of 6%<\/td>\n<\/tr>\n \n Total Hearing Notices Issued<\/td>\n 4085<\/td>\n 12967<\/td>\n An increase of 217%<\/td>\n<\/tr>\n \n Total Renewals Notices Issued<\/td>\n 1840<\/td>\n 2031<\/td>\n An increase of 10%<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Trade Mark Statistics by Office<\/strong><\/h3>\n
Total Number of New Applications Received from April 4th<\/sup> to April 11th<\/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 807<\/td>\n 105<\/td>\n 640<\/td>\n 738<\/td>\n<\/tr>\n \n 2<\/td>\n CHENNAI<\/td>\n 1284<\/td>\n 150<\/td>\n 722<\/td>\n 1484<\/td>\n<\/tr>\n \n 3<\/td>\n DELHI<\/td>\n 2497<\/td>\n 384<\/td>\n 1952<\/td>\n 2112<\/td>\n<\/tr>\n \n 4<\/td>\n KOLKATA<\/td>\n 328<\/td>\n 60<\/td>\n 334<\/td>\n 344<\/td>\n<\/tr>\n \n 5<\/td>\n MUMBAI<\/td>\n 1418<\/td>\n 245<\/td>\n 1702<\/td>\n 2531<\/td>\n<\/tr>\n \n Total<\/strong><\/td>\n \u00a0<\/strong><\/td>\n 6334<\/strong><\/td>\n 944<\/strong><\/td>\n 5350<\/strong><\/td>\n 7209<\/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 April 11th<\/sup> , 2018<\/u><\/strong><\/p>\n
\n
- Total Number of Trade Mark Applications Filed \u2013 82568<\/li>\n
- Total Number of Trade Mark Applications Examined \u2013 \u00a043160<\/li>\n
- Total Number of Trade Mark Applications Published \u2013 119978<\/li>\n
- Total Number of Trade Mark Applications Registered \u2013<\/strong> 91684<\/li>\n<\/ul>\n
INTERESTING TRADE MARK<\/strong><\/h2>\n
The Bunny of the United States<\/strong><\/h3>\n
Marlon Bundo or Botus, the Bunny of the United States, is now the subject of two federal trade mark applications. This bunny happens to be the pet of US Vice President Mike Pence’s daughter. Trade mark applications were filed on an \u2018intent to use basis\u2019 by the family on March 29th<\/sup> with the USPTO. The applications were filed under classes 09, 16, 21 and 28.<\/p>\n
INDIAN TRADE MARK UPDATES<\/strong><\/h2>\n
M\/S. \u00a0Castrol Limited & Anr (Plaintiffs) <\/strong>v. M\/S. Iqbal Singh Chawla & Anr (Defendants)<\/strong><\/h3>\n
Plaintiffs filed the present suit seeking a decree restraining the Defendants from selling, marketing, offering for sale with respect to the industrial oil, engine oil, lubricants, grease under the trade mark ‘LUMAX ACTIVE’ or any other trade mark, which is deceptively similar with the Plaintiffs\u2019 trade mark ‘ACTIV’. The Plaintiffs claims to be the registered proprietor of the trade mark \u2018CASTROL\u2019 and stated to have adopted the trade mark \u2018ACTIV\u2019 for lubricant oils in the year 1999.
\nPlaintiffs learned that Defendant was selling 4T oil under the trade mark \u2018LUMAX ACTIVE\u2019 which is a blatant infringement of the Plaintiffs’ registered trade mark. It is further contended that the trade dress, shape of bottle, label, lay-out and color scheme adopted by the Defendants is identical to that of the Plaintiffs and thus amounted to an infringement of the trade mark and passing off.
\nCourt opined that when the impugned trade marks are compared, there are no deceptive similarities. However, if the trade marks along with the trade dress are compared, it is clear that the adoption of the mark ACTIVE by the Defendants is clearly dishonest and it is to encash upon the goodwill and reputation of the Plaintiff.\u00a0 Therefore, the Court issued a decree of permanent injunction against the Defendants. Further, the Court also decreed a sum of INR 2,00,000 in favor of the Plaintiff as damages.<\/p>\nINTERNATIONAL TRADE MARK UPDATES<\/strong><\/h2>\n
Alibaba Sues Dubai\u2019s Alibabacoin<\/strong><\/h3>\n
The Chinese online retail giant, Alibaba Group Holding, has filed a law suit before the US District Court against the Dubai based crypto currency company called Alibabacoin Foundation alleging that the latter has intentionally adopted the mark to confuse the consumers to think its products are affiliated or endorsed by the former. In response, Alibabacoin Foundation\u2019s lawyers stated that the company had no intention to infringe the intellectual property of Alibaba and the demand for it to shut down and restart with another name was neither reasonable nor a proportionate response to the company\u2019s legitimate use of an inherently generic word.<\/p>\n
TRADE MARK LICENSING UPDATES<\/strong><\/h2>\n
Jimi Hendrix Lifestyle Brand to be Enhanced by Epic Rights<\/strong><\/h3>\n
\u201cAuthentic Hendrix\u201d, the official lifestyle brand of the legendary rock guitarist has joined forces with Epic Rights and Perryscope Productions to expand its brand and to launch a new authentic Hendrix global retail program. An all-new brand guide featuring latest photographs as well as logos, lyrics, albums and fashion inspired by Hendrix will be offered to retailers, manufacturers and licensees. The brand program is also set to include a wide variety of categories which includes fashion apparel, headwear, footwear, tops, figures, wall art, accessories, jewelry, home d\u00e9cor, digital products, collectibles, etc.<\/p>\n
Swizzels Love Hearts Joins Hands with Brand of Brothers<\/strong><\/h3>\n
British sweets manufacturer Swizzels has transformed its popular Love Hearts sweets into a unique range of ice lollies. Manufactured by Brand of Brothers under license from Swizzels, the new range of ice lollies have been created using popular Love Hearts flavors including Cherry Lime, Pineapple and Lemon.<\/p>\n
GEOGRAPHICAL INDICATION UPDATES<\/strong><\/h2>\n
Madurkathi Bags GI Tag<\/strong><\/h3>\n
Madurkathi of West Bengal has recently been granted the GI Tag. The application was filed by The West Bengal Khadi & Village Industry Board, Government of West Bengal and facilitated by Patent Information Centre. Madurkathi is used as the raw material for the preparation of the weaving mats. The mats are popular and beneficial for sitting as well as bedding purposes. The non-conducting property and ability to absorb sweat makes the mat a necessary household item in the hot and humid climate of West Bengal. The mats are also used in religious ceremonies.<\/p>\n
BANANAIP TIP OF THE WEEK<\/strong><\/h2>\n
One may use a registered trade mark of another legally as long as it is used to describe the attributes of the other\u2019s mark or the product or service to which it is applied. The descriptive use of a trade mark by a third party without obtaining the permission of the trade mark owner is exempted from the purview of trade mark 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":"The bulletin examines key trademark news, including Castrol\u2019s infringement victory, Alibaba\u2019s lawsuit, and the Jimi Hendrix brand expansion. It also covers Indian trademark statistics and the GI tag granted to Madurkathi, offering an objective legal perspective.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":0,"footnotes":""},"categories":[6,11],"tags":[8997,3298,8998,184,7069,8972,2460,41],"class_list":["post-43245","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-trademarks","tag-alibaba-lawsuit","tag-brand-licensing","tag-castrol","tag-geographical-indication","tag-indian-trademarks","tag-intellectual-property-news","tag-jimi-hendrix","tag-trademark-infringement-2"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/43245","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=43245"}],"version-history":[{"count":3,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/43245\/revisions"}],"predecessor-version":[{"id":136855,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/43245\/revisions\/136855"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=43245"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=43245"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=43245"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}