“Indian Trade Mark Statistics for November (Fourth Week) 2017, Samsung Trade Mark Infringement, Virat Kohli Launches One8, Amazon TM Violation and more Weekly Trade Mark News” brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
“Every great brand is like a great story” – Kevin Plank
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office has picked up its pace as compared to the previous week. The total number of applications published in the trade mark journal has increased by ninety eight percent (98%). There has also been an increase in the total number of renewal notices issued with an increase of one hundred and forty six percent (146%).
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||8568||5715||A decrease of 33%|
|Total Applications Disposed through Show Cause Hearings||3145||4233||An increase of 34%|
|Total Applications Published in the Trade Mark Journal||8654||17166||An increase of 98%|
|Total Registrations Granted||3512||4389||An increase of 24%|
|Total Hearing Notices Issued||12510||2380||A decrease of 80%|
|Total Renewals Notices Issued||1602||3944||An increase of 146%|
Trade Mark Statistics by Office
Total Number of New Applications Received from November 21st, 2017 to November 28th, 2017
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2017 to November 28th, 2017
- Total Number of Trade Mark Applications Filed – 227465
- Total Number of Trade Mark Applications Examined – 149962
- Total Number of Trade Mark Applications Published – 138649
- Total Number of Trade Mark Applications Registered – 277865
INTERESTING TRADE MARKS
AW Licensing-Fanny Pack
AW Licensing, LLC, has recently filed a new trade mark application for a fanny pack shape with the USPTO. The mark is described as a ‘ five-zipper and chain design on a fanny pack’. The application has been filed under class 25 for ‘Fanny Packs’. It is interesting to note that the mark has been filed for the placement of the chain and zipper on the fanny pack rather than the whole fanny pack design itself.
INDIAN TRADE MARK CASE
Samsung Electronics Company Ltd. and Ors. Vs. D.R. Radio Corporation and Ors.
Subject – Well known Trade Marks, Rule 124 of TM Rules, Passing Off
Brief Facts – Samsung Electronics (Appellant) approached the Court seeking permanent injunction restraining violation and infringement of rights in the trade mark SAMSUNG, passing off, unfair competition, dilution, rendition of accounts, damages, etc. by the Defendants. Appellant in the instant suit prayed to the Honorable Court to issue the following among others:
- A decree of declaration that the trade mark/logo SAMSUNG and its oval device of the Plaintiffs are well-known trademarks;
- A decree of permanent injunction restraining the Defendants from manufacturing, selling, importing, offering for sale or advertising in any manner any product bearing the mark/label/logo/writing style/packaging of ‘SAMSUNG’;
- A decree of permanent injunction restraining the Defendants from using the oval device of SAMSUNG or any other mark/label/device which is identical/deceptively similar to the Plaintiffs.
Judgment – While addressing the prayers of the Appellant, the Court noted that it had earlier granted an ex parte ad interim injunction in favour of the plaintiffs and against the defendants in 2015. Further, on the perusal of the facts in the instant case, the Court observed that the adoption of the SAMSUNG mark as well as an identical logo by the defendants was dishonest and amounted to passing off. The Court added that the defendants’ false and unauthorised use and application of the marks identical to that of the plaintiffs’ registered mark SAMSUNG was bound to dilute the distinctive character of the mark SAMSUNG resulting in tarnishment and blurring of the distinctive link between the plaintiffs’ and their goods.
As for Appellants prayer for issue of “a decree that the trade mark/logo SAMSUNG and its oval device of the Plaintiffs” were well-known trademarks, the Court stated that the plaintiffs cannot circumvent the procedure prescribed under Rule 124 of the Trade Mark Rules, 2017 with respect to determination of a trade mark as a well known mark and would therefore be required to file the requisite application before the Registrar.
Delhi High Court Refuses Ex-Parte Injunction Against Movie ‘Tera Intezaar’
The Delhi High Court in a recent case refused to grant ex-parte injunction to Mattel Inc. against the Hindi movie ‘Tera Intezaar’. Toymaker Mattel Inc. had approached the Court seeking an injunction against the film ‘Tera Intezaar’ for alleged use of the ‘Barbie trademark’ in a song from the movie featuring actress Sunny Leone. While Mattel alleged that the song’s title and lyrics used the trade mark without the company’s permission and “in a manner antagonistic to the values and interests of the customers target base, the plaintiffs cater to,”, Justice Rajiv Sahai Endlaw before refusing the injunction indicated that the Courts could not act as a super Censor Board after a film had been cleared by the CBFC.
INTERNATIONAL TRADE MARK UPDATES
Daimler Alleges Amazon of TM Violation
In a lawsuit filed in the U.S. District Court in Los Angeles, Daimler AG the German multinational automotive major has accused Amazon of trade mark infringement and selling fake Mercedes-Benz wheel center caps. Daimler in its lawsuit has further accused Amazon of causing significant damage to Daimler’s reputation by not acting on the infringement issue and continuing to sell infringing products. Though there are no comments from Amazon on the current lawsuit, the company usually argues that it cannot be held responsible for infringing activities of its third-party sellers on its portal.
TRADE MARK LICENSING UPDATES
Virat Kohli’s Brand One8 Launched
Cricketing ace Virat Kohli has recently launched his own athletic and leisure brand One8 in collaboration with the German sports lifestyle brand, Puma. The German lifestyle brand would provide One8 with the designs, product, retail and communication channels while Kohli continues to be the brand ambassador of Puma.
GEOGRAPHICAL INDICATION UPDATES
Nagaland Adds One More GI Product to its Kitty
After Naga Mircha and Naga Tree Tomato, Nagaland has managed to secure yet another GI registration for the intricately designed Naga Shawl. Chakhesang shawl as it is called locally was recognized as a GI following the application number 542, filed by the Chakhesang Women Welfare Society from the Phek district of Nagaland.
BananaIP TIP OF THE WEEK
Commonly used terms such as Boat or Cow or Namaste may be applied for trade mark and might also be granted registration if secondary meaning can be established. However it will not be possible for the trademark holder to keep out others from using the same mark for similar lines of business.
Author: BIP Trade Mark Attorneys
Led by Sanjeeth Hegde, BIP’s Trade Mark 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 trade mark filing, prosecution, registration, management, licensing, franchising, merchandizing and strategy.
The weekly trade mark news initiative is a part of their pro bono work, and is aimed at spreading trade mark awareness. You are free to share the news with appropriate attribution and backlink to the source.
If you have any questions, you may write to BIP’s Trade Mark Attorneys –[email protected]