Weekly Trade Mark News: Socks For Your Finger? Starboy TM Battle, Sweet Victory by Ferrero Rocher and other News
“Indian Trade Mark Statistics for April (First Week) 2018, Finger Socks Now a Trade Mark, Lindt Chocolates Now with Geronimo Stilton, Katarni Rice Bags GI Tag and more” brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
“Your personal brand is a promise to your clients….a promise of quality, consistency, competency, and reliability.” –Jason Hartman
INDIAN TRADE MARK STATISTICS
The seen in the table below, the Indian Trade Mark Office has seen a decrease in its productivity. The total number of applications examined has decreased by seventy-six percent (76%). Similarly, the total number of applications disposed through show cause hearings has decreased by fifty-six percent (28%). However, we can see an increase of sixteen percent (16%) in the total number of registrations granted.
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||9582||2300||A decrease of 76%|
|Total Applications Disposed through Show Cause Hearings||7803||3420||A decrease of 56%|
|Total Applications Published in the Trade Mark Journal||10977||11049||An increase of 1%|
|Total Registrations Granted||7043||8196||An increase of 16%|
|Total Hearing Notices Issued||5356||4085||A decrease of 24%|
|Total Renewals Notices Issued||2590||1840||A decrease of 29%|
Trade Mark Statistics by Office
Total Number of New Applications Received from March 28th to April 4th, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st to April 04th, 2018
- Total Number of Trade Mark Applications Filed – 76297
- Total Number of Trade Mark Applications Examined – 43087
- Total Number of Trade Mark Applications Published – 114914
- Total Number of Trade Mark Applications Registered – 84976
INTERESTING TRADE MARK
FINGERSOXX-Socks for your finger
Are your fingers cold? A perfect solution may have been found. The USPTO has granted trade mark registration for ‘FINGERSOXX’ under class 25 for ‘clothing, namely fabric sleeves for fingers’. The mark has been filed by Daniel Abbate of Florida, USA and has been used since 2015.
INDIAN TRADE MARK UPDATES
M/S. Ferrero Spa & Nr (Plaintiffs) v. M/S. Ruchi International & Anr (Defendants)
A suit was filed by the Italian confectionary giant Ferrero for a permanent injunction restraining the Defendants from infringement of trade mark, trade dress, passing off, unfair competition and dilution. Plaintiffs are one of the largest confectionary producers worldwide and their registered trade mark FERRERO ROCHER has been declared as a well-known mark in 2004. Plaintiffs have recently become aware that the Defendants are producing lookalike chocolates of the Plaintiff’s well-known FERRERO ROCHER under the mark/name ‘Golden Passion’.
The Court is of the view that Defendants’ adoption and selling of counterfeit products bearing registered trade mark, trade dress, and deceptively similar packing amounts to infringement of the registered trade mark of the Plaintiff. The Court, therefore, decreed the suit in favor of the Plaintiff. Further, a decree for a sum of Rs 10 Lac was ordered to be paid by the Defendants as punitive damages.
INTERNATIONAL TRADE MARK UPDATES
The Weeknd in Battle for Starboy
Abel Makkonen Tesfaye, the Canadian singer, popularly known as The Weeknd has filed a lawsuit against Eymun Talasazan, a California based US citizen for trying to trade mark the word ‘Starboy’. Starboy is the name of the album and the single released by the Canadian singer in 2016. Tesfaye has claimed that Talasazan is trying to capitalize on the fame of the singer by filing for a trade mark for such words. Eymun Talasazan has yet to respond to the same.
Forever 21 in an Infringement Soup Yet Again
The infamous clothing brand Forever 21 is accused of copying yet again. This time, the accusation is by a charity named Peach’s Neet Feet. The clothing brand has allegedly copied a black T-shirt captioned “Hustle Kindess”. The founder and president of Peach’s Neet Feet, filed a trade mark for the phrase “Hustle Kindness” in 2016 for the purposes of selling merchandise with the mark and to raise money for charity from its sales.
TRADE MARK LICENSING UPDATES
Teletubbies to Jiggle in South Korea
DHX Media’s latest series of Teletubbies is heading to South Korea where it will air on the region’s leading public broadcaster, KBS. Teletubbies is a well know children’s television series which focuses on four colorful characters and is very popular among young children. KBS will be the first South Korean broadcaster signed to carry the new series. In addition to the broadcasting deal, SMG Holdings/Joon International will act as the licensing agent for Teletubbies in South Korea to capitalize on the significant potential for consumer products in the territory.
Lindt Tapped for Geronimo Stilton Confectionery
Lindt, the global confectionery major, in collaboration with Geronimo Stilton is all set for this year’s back-to-school period release. Geronimo Stilton is an Italian children’s series whose English versions are published by Scholastic Corporation. Each pack of Lindt chocolates will feature Geronimo Stilton on the wrap and will include a special Geronimo-themed gift which can be either a key ring, pencil case, plush or a selection of popular Geronimo Stilton books. Atlantyca Entertainment has signed with the premium chocolatier, Lindt & Sprungli to produce a selection of branded Geronimo Stilton chocolate pralines.
GEOGRAPHICAL INDICATION UPDATES
Katarni Rice Bags GI Tag
Katarni rice of Bihar has recently been granted the GI Tag. The application was filed by Bhagalpuri Katarni Dhan Utpadak Sangh and was facilitated by Bihar Agricultural University. It is the finest quality scented rice of Bihar and is known for its aromatic flavour, palatability and chura (beaten rice) making qualities. It is interesting to note that the name of the rice has been adopted due to its resemblance with the tip of its husk called as takna.
BANANAIP TIP OF THE WEEK
When deciding on a new name for a company, a clearance by searching the Ministry of Corporate Affairs database alone is not sufficient to settle on a name. It is prudent to also run a trade mark search on the Trademark Registry database as well as a common internet search to rule out the possibilities of any conflicts.
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]