Toyota vs Prius, #Me Too Trade Mark, Black+Decker Enters India, Harley Davidson Trade Mark and other Weekly Trade Mark News
“Indian Trade Mark Statistics for December (Third Week) 2017, Toyota Loses Right Over Prius, #Me Too Trade Mark, Black+Decker Enters India, Interesting New GI Applications in India and more Weekly Trade Mark News” brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
‘A brand is a promise. It creates expectations that the product has to deliver.’ – Guillaume Van De Stighelen
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office had a slow week in comparison to the previous week. The total number of applications published in the trade mark journal has decreased by fifty-six percent (56%). There has also been a decrease in the total number of renewal notices issued with a decrease of forty-four percent (44%).
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||7025||5114||A decrease of 27%|
|Total Applications Disposed through Show Cause Hearings||5388||4341||A decrease of 19%|
|Total Applications Published in the Trade Mark Journal||5985||8766||An increase of 46%|
|Total Registrations Granted||5371||3974||A decrease of 26%|
|Total Hearing Notices Issued||14458||10910||A decrease of 24%|
|Total Renewals Notices Issued||2478||1551||A decrease of 37%|
Trade Mark Statistics by Office
Total Number of New Applications Received from December 13th, 2017 to December 19th, 2017
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2017 to December 19th, 2017
- Total Number of Trade Mark Applications Filed – 243831
- Total Number of Trade Mark Applications Examined – 152824
- Total Number of Trade Mark Applications Published – 142912
- Total Number of Trade Mark Applications Registered – 290127
“#Me Too” a Trade Mark?
A USA law firm has applied for a new trade mark application for the phrase ‘#Me Too Claim’ and ‘#Me Too’. The phrase has been filed by Excellaw PLLC under class 45 for legal consultation services under the USPTO. The phrase #Me Too is a trending social media campaign for victims of sexual harassment and assault.
INDIAN TRADE MARK UPDATES
TOYOTA JIDOSHA KABUSHIKI KAISHA v. M/S PRIUS AUTO INDUSTRIES LTD. & ORS.
Subject- Trade Mark infringement, prior user, territorial jurisdiction
The plaintiff, TOYOTA is an automobile manufacturer incorporated under the laws prevailing in Japan having ‘TOYOTA’, ‘TOYOTA INNOVA’, ‘TOYOTA DEVICE’ registered in India during the years 1989-2003. The plaintiff claims to be the prior user of the mark ‘Prius’ since the year 1990 in Japan. The plaintiff released the car with the mark Prius in India in 2009 but did not register the said mark. The defendant is a partnership firm engaged in the manufacture of automobile spare parts using the mark ‘TOYOTA’, ‘TOYOTA INNOVA’ and ‘TOYOTA DEVICE’ only for the purposes of identification of the product being supplied. They, however, have been using the registered mark ‘Prius’ since the year 2001 for supplying auto accessories to various automobile giants like Hyundai Motors, General Motors. The plaintiff has claimed trademark infringement and passing off.
The Court stated the territoriality principle in order to decide and passed an order agreeing with the conclusion of the Division Bench of the High Court that the brand name of the car Prius had not acquired the degree of goodwill, reputation and the market or popularity in the Indian market. Therefore, there exists no such right of a prior user with the plaintiff to maintain an action of passing off against the registered owner in India.
Further, the Court provided that if goodwill or reputation in India is not established by the plaintiff, no other issue really would need any further examination to determine the extent of the plaintiff’s right in the action of passing off. The conclusion of the Division Bench was taken into consideration by the Supreme Court as the plaintiff delayed to register the said mark, and defendants have been using their registered mark to market their goods during the inordinately long period of silence maintained by the plaintiff.
INTERNATIONAL TRADEMARK UPDATES
Harley Davidson Files New Trade Mark Application
Harley Davidson Inc, the American motorcycle manufacturer has filed new trade mark applications with the USPTO for the mark ‘HARLEY-DAVIDSON BRONX’ and ‘BRONX’ bearing application numbers 87713759 and 87713291 respectively. The applications have been filed under class 12, for motorcycles and structural parts, therefore.
Apple Opposes Pharma’s Mark
Apple, the electronics major, has filed for an opposition with the Trademark Trial and Appeal Board (TTAB) in the US for a mark filed by Red Apple Interactive Pharmacy. The opposed mark, filed in class 35 for retail pharmacy services, contains the words “RX” surrounded by the outline of an apple. Though Apple does not have a mark in the same class as Red Apple Interactive Pharmacy, it has claimed that the applied-for mark would cause a likelihood of confusion and dilution.
TRADE MARK LICENSING UPDATES
Black+Decker Enters India
Global kitchen and home appliances major Black+Decker has entered into a licensing agreement with Bangalore based Stovekraft to introduce a new line of branded products. The alliance will be introducing Black+Decker branded blenders and juicers, kettles, cookware, air coolers and several other products. Black+Decker’s brand resonance among the global Indian consumer is a key determinant in its decision to enter India through a domestic partner.
GEOGRAPHICAL INDICATION UPDATES
Interesting New GI Applications
The Geographical Indications Registry of India has received very interesting GI applications recently. Putapaka Telia Rumal from Andhra Pradesh involves dipping the yarn into an oily solution before weaving, Surti Locho from Gujarat, a steamed Gujarati snack originating in Surat, and Oyik from Arunachal Pradesh, a leafy vegetable blended with rice and consumed as a quick energy source, are all vying for GI recognition.
BANANAIP TIP OF THE WEEK
Trade Marks for trending phrases
Trade Mark protection may be acquired for trending phrases on social media for goods/services with a well-defined plan for distinguishing the brand in association with the goods/services from its meaning. It may, in fact, be a good strategy to adopt trending phrases for quick consumer recognition and trade mark strength.
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]