“Indian Trade Mark Statistics for March (Third Week) 2018, Narco’s Pablo to be Played, Starbucks Loses Opposition Battle, Jurassic Park 25th Anniversary, Battle of the Chickens and more” brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
‘The designer’s role in the development, application and protection of the trademark may be described as pre-creative, creative and post-creative’ – Lester Bell
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office has picked up its pace with an overall increase in its activity. The total number of renewal notices issued has increased by fifty-seven percent (57%). Similarly, the total number registrations granted has increased by hundred and ten percent (110%).
Weekly Indian Trade Mark Statistics
| Particulars | Last Week | This Week | Change in % |
| Total Trade Mark Applications Examined by Trade Mark Office | 7920 | 9915 | An increase of 25% |
| Total Applications Disposed through Show Cause Hearings | 8196 | 9415 | An increase of 15% |
| Total Applications Published in the Trade Mark Journal | 10315 | 10529 | An increase of 3% |
| Total Registrations Granted | 4670 | 9796 | An increase of 110% |
| Total Hearing Notices Issued | 10682 | 11633 | An increase of 9% |
| Total Renewals Notices Issued | 1413 | 2212 | An increase of 57% |
Trade Mark Statistics by Office
Total Number of New Applications Received from March 15th to March 21st 2018
| Sr. No | Jurisdiction | New Applications | Examined | Published | Registered |
| 1 | AHMEDABAD | 925 | 587 | 917 | 1138 |
| 2 | CHENNAI | 1314 | 867 | 2531 | 1673 |
| 3 | DELHI | 2851 | 1677 | 2900 | 3711 |
| 4 | KOLKATA | 462 | 344 | 475 | 550 |
| 5 | MUMBAI | 1961 | 1179 | 2467 | 2241 |
| Total | 7513 | 4654 | 9290 | 9313 |
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2018 to March 21st , 2018
- Total Number of Trade Mark Applications Filed – 64317
- Total Number of Trade Mark Applications Examined – 39702
- Total Number of Trade Mark Applications Published – 96728
- Total Number of Trade Mark Applications Registered – 72078
INTERESTING TRADE MARK
Serena Williams- Aneres
A new trade mark application has been filed by Serena Williams, the American tennis player. The mark ‘Aneres’ has been filed with the USPTO under a number of classes which includes Class 03, 14, 18, 21 and 26. The mark is the name of the tennis player spelled backwards. Earlier, an application for the same mark had already been filed under class 25 for a clothing line.
INDIAN TRADE MARK UPDATES
M/S. Today Merchandise Private Limited & Anr (Plaintiffs) v. www.Indiatodays.com & Ors (Defendants)
Suit was filed for transfer of domain name, unfair competition, permanent injunction, passing off for infringement of the Plaintiffs’ registered trade mark INDIA TODAY and its related marks. The Plaintiffs were the first to adopt the trade mark INDIA TODAY in 1975 and are a registered trade mark holder in several countries including but not limited to India. Additionally, Plaintiffs also own and operate various websites like www.indiatodaygroup.com, www.indiatoday.in, and www.indiatodayshopping.in. The Defendants were said to have registered the domain name www.indiatodayers.com, for online shopping, which is identical to the registered trademark of the Plaintiffs INDIA TODAY.
The Court in this order noted that the Defendants have no real prospect of defending the claim as the Defendants have neither appeared nor filed written statement or denied the documents produced by the Plaintiffs. Further, the Plaintiffs are the prior registered user of the trade mark and domain name. Court, therefore decreed the suit in favor of the Plaintiffs.
INTERNATIONAL TRADE MARK UPDATES
Starbucks Logo Loses to a Puppy
The Japan Patent Office (JPO) has rejected the opposition filed by the popular chain Starbucks against an allegedly similar registered mark BULL PULU TAPIOCA, a green and white concentric circle logo with a white bull dog puppy in the center. The Opposition board of JPO found that both the logos are dissimilar due to the distinctive difference in design and literal elements. The Board, therefore, denied a likelihood of confusion between the trade marks. The mark BULL PULU TAPIOCA was filed on 10th May, 2016 by a Japanese individual bearing the application number 5897739 in classes 32 and 35.
‘Stan Lee’ Applied for Trade Mark Again
Well! Yet another attempt is being made by the founder of POW Entertainment to trade mark his well know name ‘STAN LEE’. Stan Lee, the famous comic book writer, editor, publisher and film producer, founded the media production company Pow Entertainment, which already has a registered mark “Stan Lee Presents”. Prior attempts to register ‘STAN LEE’ were abandoned as it was considered a personal name. But this time around Pow Entertainment has applied in varied classes from body piercing rings to media-related merchandize. The attempt in the application this time will likely be to prove the well knowness and acquired distinctiveness of the mark.
TRADE MARK LICENSING UPDATES
Jurassic Park Roars on 25th Anniversary
Universal Brand Development and Gen Art have joined forces to design a new clothing essentials collection to commemorate the 25th anniversary of the blockbuster film Jurassic Park. Gen Art and clothing label Faircloth & Supply have created a wide range of apparels in a host of Jurassic Park-inspired colours. Each garment also showcases the Jurassic Park 25th anniversary logo.
Narco’s Pablo to be “Played”
There’s exciting news to all the ‘Narcos’ fanatics worldwide! Gaumont Television, the producer of the famous series ‘Narcos’ has signed a deal with British Game Publisher, Curve Digital to produce a video game based on the popular Netflix series. The game is intended to be released in 2019 for PS4, Nintendo Switch, Xbox One and PC.
GEOGRAPHICAL INDICATION UPDATES
Battle of the Chickens
‘Kadaknath’ – a chicken breed has landed in the center of a tiff between two states in India. The states of Madhya Pradesh and Chhattisgarh have both filed GI applications for this chicken variety. This might be reminiscent of the recent Rasgoula GI battle between the states of West Bengal and Odisha. Kadaknath is known for its high iron content and much lower cholesterol than other breeds. Which state will ultimately win out the GI battle is to be seen.
BANANAIP TIP OF THE WEEK
Protecting your trade mark rights includes monitoring and opposing the registration of others’ marks that could create confusion among your customers. Factors to consider are similarity of the marks in sound, look and meaning.
Author: BIP Trade Mark Attorneys
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]
