Indian Trademark Statistics for November (First Week) 2018, ByteDance sued for Helo, P&G Loses Trademark Battle, Sangli chi Halad Obtains GI Acceptance and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.<\/p>\n
\u201cA brand is not just a logo, it\u2019s the overall impression and experience you give to your audience and customers. Your brand expresses the value you provide. It\u2019s you!\u201d \u2013 Amy Locurto<\/p><\/blockquote>\n
INDIAN TRADEMARK STATISTICS<\/strong><\/h2>\n
The Indian Trademark Office has been slow in the last week due to the festival season. The total number of the applications disposed through show cause hearings has decreased by thirty four percent (34%). Similarly, the total number of hearing notices issued has decreased by thirty nine percent (39%). However, the total renewals notices issued has increased by sixty nine percent (69%)<\/p>\n
Weekly Indian Trademark 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 Trademark Applications Examined by Trademark Office<\/td>\n 8982<\/td>\n 8245<\/td>\n A decrease of 8%<\/td>\n<\/tr>\n \n Total Applications Disposed through Show Cause Hearings<\/td>\n 6943<\/td>\n 4563<\/td>\n A decrease of 34%<\/td>\n<\/tr>\n \n Total Applications Published in the Trademark Journal<\/td>\n 6978<\/td>\n 8631<\/td>\n An increase of 24%<\/td>\n<\/tr>\n \n Total Registrations Granted<\/td>\n 5331<\/td>\n 4822<\/td>\n A decrease of 10%<\/td>\n<\/tr>\n \n Total Hearing Notices Issued<\/td>\n 5298<\/td>\n 7378<\/td>\n An increase of 39%<\/td>\n<\/tr>\n \n Total Renewals Notices Issued<\/td>\n 1537<\/td>\n 482<\/td>\n A decrease of 69%<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n \u00a0<\/strong>Trademark Statistics by Office<\/strong><\/h3>\n
Total Number of New Applications Received from October 31st<\/sup> to November 7th<\/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 861<\/td>\n 450<\/td>\n 977<\/td>\n 390<\/td>\n<\/tr>\n \n 2<\/td>\n CHENNAI<\/td>\n 1126<\/td>\n 681<\/td>\n 1778<\/td>\n 518<\/td>\n<\/tr>\n \n 3<\/td>\n DELHI<\/td>\n 1916<\/td>\n 1318<\/td>\n 2098<\/td>\n 1763<\/td>\n<\/tr>\n \n 4<\/td>\n KOLKATA<\/td>\n 322<\/td>\n 257<\/td>\n 404<\/td>\n 318<\/td>\n<\/tr>\n \n 5<\/td>\n MUMBAI<\/td>\n 1449<\/td>\n 874<\/td>\n 1986<\/td>\n 1533<\/td>\n<\/tr>\n \n Total<\/strong><\/td>\n \u00a0<\/strong><\/td>\n 5674<\/strong><\/td>\n 3580<\/strong><\/td>\n 7243<\/strong><\/td>\n 4522<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Yearly Trademark Statistics<\/strong><\/h3>\n
Trademark Statistics from January 01st<\/sup>, 2018 to November 7th<\/sup>, 2018<\/u><\/strong><\/p>\n
\n
- Total Number of Trademark Applications Filed \u2013 264636<\/li>\n
- Total Number of Trademark Applications Examined \u2013 \u00a0125625<\/li>\n
- Total Number of Trademark Applications Published \u2013 126359<\/li>\n
- Total Number of Trademark Applications Registered \u2013 279201<\/li>\n<\/ul>\n
INTERESTING BRAND NEWS<\/strong><\/h2>\n
Purple for Prince?<\/strong><\/h3>\n
Paisley Park Enterprises Inc., the foundation of the late singer Prince has filed a trademark application for a specific shade of purple that relates to his brand. Known as the Love Symbol #2, the colour has been associated with the late singer after the release of his hit single \u2018Purple Rain\u2019. If granted registration, the foundation can prohibit the use of that shade of purple by any other.<\/p>\n
INDIAN TRADEMARK UPDATES<\/strong><\/h2>\n
Delhi High Court Judgment Against Darveys.com<\/strong><\/h3>\n
The Delhi High Court has directed Darveys.com, a Delhi based e-commerce company, to ensure that the items sold on their website are not fake. Christian Louboutin, the luxury shoe brand, had filed a trademark infringement suit against Darveys alleging they were selling counterfeit products bearing the former\u2019s brand name. Darveys defended the case stating that they were not selling the goods directly but were merely an intermediary. The Delhi High Court observed that if an intermediary fails to take the measures necessary to authenticate products being sold on its site in the form of assurances from the sellers and the seller\u2019s ability to pass on the brands\u2019 warranties and guarantees to the buyer, the intermediary themselves could be held to be conspiring, aiding and abetting the seller to sell counterfeits.\u00a0 Further, if the seller is not located in India, an additional responsibility has been placed on the intermediary to contact the brand and acquire their concurrence to sell the products on its site.
\nThis judgment will be a benchmark for e-commerce intermediaries moving ahead as it places a higher degree of responsibility on them to authenticate genuineness of products as well as coordinating the same with buyers and seller.<\/p>\nINTERNATIONAL TRADEMARK UPDATES<\/strong><\/h2>\n
Burberry and Target End an Impending Trademark War<\/strong><\/h3>\n
British luxury brand Burberry has dropped a suit against the US based department store retailer Target by reportedly making an out of the court settlement in the Southern District of New York. Burberry had filed a suit against Target for selling unauthorized products bearing its unique check \u201cplaid\u201d trademarks. The British brand had earlier sent cease and desist notices against the unauthorized sale of products, which included eyewear, stainless steel bottles, luggage and scarves, which were rejected by Target.<\/p>\n
ByteDance Sued for Helo<\/strong><\/h3>\n
Chinese app company ByteDance has changed the design as well as the description of its application Helo on Google\u2019s AdWord platform after ShareChat filed a suit against them. The Delhi High Court, in an order passed on 30th October has ordered the Chinese company to cease from using the term \u2018Share & Chat\u2019 as an ad word on Google. ShareChat has filed a suit against the Chinese company for design and copyright infringement, as well as indulging in unfair competition.\u00a0 ByteDance, a heavily venture funded company, has been using the term \u2018Share & Chat\u2019 in order to promote its ranking on Google.<\/p>\n
P&G Loses Trademark Battle<\/strong><\/h3>\n
Procter & Gamble Company (P&G), have lost a trademark dispute over the claim that Solav\u2019s skincare trademark logo is confusingly similar to their skincare \u2018OLAY\u2019 trademark. Nelovy Healthcare Ltd. had applied for the trademark of \u2018an artistic rendering of a woman\u2019s face\u2019 under the brand name Solav with the UK IPO, and this was opposed by P&G. The allegations were rejected by the UK IPO officer, stating that the marks needs to be seen through the eyes of an average consumer and these consumers are not likely to confuse between the two marks.<\/p>\n
TRADEMARK BRAND LICENSING UPDATES<\/strong><\/h2>\n
Thugs of Hindostan in Google Maps Now<\/strong><\/h3>\n
Google Maps and the Indian production house, Yash Raj Films, have joined hands to bring some fun to Google Map users. Amir Khan\u2019s character \u201cFirangi\u201d from the film Thugs of Hindostan will be a constant companion for commuters for the next two weeks. The navigation arrow in the maps will be replaced by Firangi riding his pet donkey. There also will be exclusive voice commands during the navigation.<\/p>\n
GEOGRAPHICAL INDICATION UPDATES<\/strong><\/h2>\n
Sangli chi Halad Obtains GI Acceptance<\/strong><\/h3>\n
Turmeric from Sangli and other adjoining parts of the district in Maharashtra receives Geographical Indication (GI) acceptance. Turmeric from Sangli is said to have great medicinal value and accounts for seventy percent of the state\u2019s total production. The GI Application filed in 2014 is advertised in the journal by the Geographical Indication Registry.<\/p>\n
BANANAIP TIP OF THE WEEK<\/strong><\/h2>\n
A trademark can be opposed from being granted registration if an existing trademark holder can establish that it would cause confusion among consumers as to the proper source of products or services.
\nAuthor: BIP Trademark Attorneys<\/strong>
\nBIP\u2019s Trademark Attorneys are among the leading experts in the field. They work with clients such as PEPS, Dharma Productions, Essilor, Samsung and the IITs with respect to trademark filing, prosecution, registration, management, licensing, franchising, merchandizing and strategy.
\nThe weekly trademark news initiative is a part of their pro bono work and is aimed at spreading trademark awareness. You are free to share the news with appropriate attribution and backlink to the source.
\nIf you have any questions, you may write to BIP\u2019s Trademark Attorneys\u00a0at contact@bananaip.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"This update examines Indian trademark statistics, a significant Delhi High Court judgment on e-commerce intermediary liability, and recent global trademark disputes. Developments in brand licensing and GI acceptance are also discussed, offering objective legal insights and practical guidance.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":6,"footnotes":""},"categories":[185,6,22,11],"tags":[3298,486,9349,184,2490,5510,41,2538],"class_list":["post-44556","post","type-post","status-publish","format-standard","hentry","category-geographical-indications-gi","category-intellectual-property","category-ip-commercialization-licensing","category-trademarks","tag-brand-licensing","tag-delhi-high-court","tag-e-commerce-intermediary","tag-geographical-indication","tag-indian-trademark-news","tag-legal-updates","tag-trademark-infringement-2","tag-trademark-statistics"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/44556","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=44556"}],"version-history":[{"count":3,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/44556\/revisions"}],"predecessor-version":[{"id":137489,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/44556\/revisions\/137489"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=44556"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=44556"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=44556"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}