Indian Trademark Statistics for November (Third Week) 2018, Burberry Stops Infringement, Patanjali to Launch Apparels, Jimmi Choo Defends His Name and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.<\/p>\n
\u201cProducts are made in the factory, but brands are created in the mind\u201d\u2013 Walter Landor<\/p><\/blockquote>\n
INDIAN TRADEMARK STATISTICS <\/strong><\/h2>\n
The Indian Trademark Office has picked up its pace in the last week. The total number of the applications disposed through show cause hearings has increased by sixty eight percent (68%). Similarly, the total number of hearing notices issued has increased by one hundred and fifty eight percent (158%). However, the total applications published in the trademark journal has decreased by thirty seven percent (37%)<\/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 5895<\/td>\n 8315<\/td>\n An increase of 41%<\/td>\n<\/tr>\n \n Total Applications Disposed through Show Cause Hearings<\/td>\n 3132<\/td>\n 5251<\/td>\n An increase of 68%<\/td>\n<\/tr>\n \n Total Applications Published in the Trademark Journal<\/td>\n 8922<\/td>\n 5648<\/td>\n A decrease of 37%<\/td>\n<\/tr>\n \n Total Registrations Granted<\/td>\n 4741<\/td>\n 6830<\/td>\n An increase of 44%<\/td>\n<\/tr>\n \n Total Hearing Notices Issued<\/td>\n 6221<\/td>\n 16058<\/td>\n An increase of 158%<\/td>\n<\/tr>\n \n Total Renewals Notices Issued<\/td>\n 515<\/td>\n 3832<\/td>\n An increase of 644%<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Trademark Statistics by Office<\/strong><\/h3>\n
Total Number of New Applications Received from November 14th <\/sup>to November 21st<\/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 653<\/td>\n 551<\/td>\n 437<\/td>\n 386<\/td>\n<\/tr>\n \n 2<\/td>\n CHENNAI<\/td>\n 1296<\/td>\n 675<\/td>\n 1026<\/td>\n 1463<\/td>\n<\/tr>\n \n 3<\/td>\n DELHI<\/td>\n 2145<\/td>\n 1360<\/td>\n 1558<\/td>\n 2647<\/td>\n<\/tr>\n \n 4<\/td>\n KOLKATA<\/td>\n 408<\/td>\n 156<\/td>\n 427<\/td>\n 364<\/td>\n<\/tr>\n \n 5<\/td>\n MUMBAI<\/td>\n 1502<\/td>\n 964<\/td>\n 1096<\/td>\n 1622<\/td>\n<\/tr>\n \n Total<\/strong><\/td>\n \u00a0<\/strong><\/td>\n 6004<\/strong><\/td>\n 3706<\/strong><\/td>\n 4544<\/strong><\/td>\n 6482<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Yearly Trademark Statistics<\/strong><\/h3>\n
Trademark Statistics from January 01st<\/sup>, 2018 to November 21s<\/sup> , 2018<\/u><\/strong><\/p>\n
\n
- Total Number of Trademark Applications Filed \u2013 268482<\/li>\n
- Total Number of Trademark Applications Examined \u2013 \u00a0283313<\/li>\n
- Total Number of Trademark Applications Published \u2013 126981<\/li>\n
- Total Number of Trademark Applications Registered \u2013 289058<\/li>\n<\/ul>\n
INTERESTING BRAND NEWS<\/strong><\/h2>\n
Yellow for Non-Metal Hand Restraints<\/strong><\/h3>\n
ASP, Inc., aka Armament Systems and Procedures, Inc., a US defensive compliance weapons manufacturer has filed a trademark application for the colour yellow to be applied to \u201cNonmetal hand restraints used as handcuffs\u201d under class 20 with the USPTO. In order to be granted registration, the company shall have to prove that the color yellow has acquired distinctiveness and it is not functional with respect to the goods applied to.<\/p>\n
INDIAN TRADEMARK UPDATES<\/strong><\/h2>\n
Burberry Stops Its Counterfeiter<\/strong><\/h3>\n
Venerable British fashion brand owner, Burberry Limited, filed a trademark infringement suit before the Delhi High Court for restraining Jayant Kumar trading as Ganik Button & Labels from manufacturing, soliciting and trading of tags, labels, etc. used on readymade garments, apparels, lifestyle goods and other allied goods bearing the trademarks BURBERRY, BURBERRY CHECK and EQUESTRIAN KNIGHT DEVICE and\/or any other trademarks confusingly or deceptively similar to it. Burberry is a world renowned designer, manufacturer & distributor of luxury products for past one hundred sixty years. In 2018, Burberry came to know that Ganik Button has adopted a deceptively similar trademark for selling counterfeit and spurious products. The Court opined that such dishonest use results in dilution of the trademark of Burberry. The Court therefore passed an ex-parte order issuing a decree in favor of Burberry and ordered Ganik Button to pay a compensatory damage of Rs.2 Lakhs.<\/p>\n
INTERNATIONAL TRADEMARK UPDATES<\/strong><\/h2>\n
The Weeknd Being Sued Over \u201cStarboy\u201d<\/strong><\/h3>\n
Recording artist Abel Tesfaye also known as The Weeknd is facing an accusation over the use of the name of his alter-ego \u201cStarboy\u201d in a comic book, created in collaboration with Marvel comics. Eymun Talasazan, a comic book writer has filed a trademark infringement suit against the singer, claiming that he had already created a comic book universe which \u2018revolved around R&B and rap stars\u2019 and the idea violates the trademark \u2018Starboy\u2019 filed by him. It is interesting to note that Talasazan has claimed in the suit that he had pitched the idea of the comic book to \u2018The Weekend\u2019s\u2019 representative in 2017, however, nothing was materialised. The writer has prayed for all the copies of the singer\u2019s comics to be \u201crecalled, impounded and destroyed.<\/p>\n
Jimmy Choo Defends His Name<\/strong><\/h3>\n
In a bid to protect its name, Jimmy Choo, the luxury accessory brand has filed a request to invalidate a similar mark \u2018Jerry Chu\u2019 filed in China. The mark has been filed by Xianjie Zhu, a fashion student in China, studying men\u2019s fashion. Choo has claimed that the similarities in the mark will cause confusion in the minds of the consumers as to the source of origin of the products. Jimmy Choo has successfully invalidated other similar marks such as Ray Choo and Jenny Choo.<\/p>\n
TRADEMARK BRAND LICENSING UPDATES<\/strong><\/h2>\n
Patanjali to Launch Apparels<\/strong><\/h3>\n
The Ayurveda company Patanjali, led by Baba Ramdev has expanded itself to the sale of apparel under the brand name \u201cParidhan\u201d. The brand is to comprise of three segments, namely Sanskar featuring mens wear, Aastha for women and Livfit for sportswear and yoga clothes for all age-groups. It is to also include artificial jewellery and wedding clothes. Like the rest of the products sold by Patanjali, these goods shall be sold at very reasonable rates to cater to ordinary people. The goods are to be made available online from 2019.<\/p>\n
GEOGRAPHICAL INDICATION UPDATES<\/strong><\/h2>\n
Sojat Mehndi Filed for GI<\/strong><\/h3>\n
Henna or Mehndi, is widely used in worship rituals, and as a hair dye as well as for colouring the palms and soles of feet. Sojat City, know as Henna city, is a district in the state of Rajastan and due to its favorable climatic conditions, is the only region in India where Henna is grown and exported worldwide to about 130 countries. Sojat Mehndi is said to have a high content of lawsone, a dry agent. The GI application was filed this month bearing the application number 628.<\/p>\n
BANANAIP TIP OF THE WEEK<\/strong><\/h2>\n
A prior non-registered user of a trademark can continue use of the mark, even if a subsequent user get a registration, if it can established that its mark has acquired recognition in the consumers\u2019 minds and also that is has consistently used it over time.
\n\u00a0<\/strong>
\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":"The post reviews key trademark law updates, including Indian trademark statistics, Burberry\u2019s legal victory, The Weeknd\u2019s \u201cStarboy\u201d dispute, Patanjali\u2019s apparel launch, and Sojat Mehndi\u2019s GI application. It offers structured legal analysis and accurate reporting on recent developments.<\/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":[185,6,22,11],"tags":[3298,8355,9161,2756,5775,9391,9392,41],"class_list":["post-44599","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-burberry","tag-gi-application","tag-indian-trademark-statistics","tag-patanjali","tag-sojat-mehndi","tag-the-weeknd","tag-trademark-infringement-2"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/44599","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=44599"}],"version-history":[{"count":2,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/44599\/revisions"}],"predecessor-version":[{"id":137533,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/44599\/revisions\/137533"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=44599"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=44599"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=44599"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}