Apple’s app store, Summary disposal granted in a trademark infringement suit, Patanjali Trademark tiff, Dahanu-Gholvad chikoo obtains GI registration and more
Interesting Trademarks, Indian Trademark Updates, International Trademark Updates, Geographical Indication updates and more brought to you by the Trademark Team of BananaIP Trade Mark News:
Trademark Quote of the Week
“Within Every Brand is a Product, but not every product is a brand” —David Ogilvy
TRADEMARK STATS FROM THE INDIAN TRADEMARK OFFICE
|Particulars||Last week||This week||Change in %|
|Total Trademark applications examined by Trademark Office||8447||7536||A decrease of 10.2%|
|Total applications disposed through show cause hearings||675||588||A decrease of 12.1%|
|Total applications published in the trademark journal||7293||7905||An increase of 8.3%|
|Total registrations granted||5927||4867||A decrease of 17 %|
|Total hearing notices issued||2542||2410||A decrease of 5.1%|
|Total renewal notices issued||825||657||A decrease of 20%|
Total number of Applications Examined by the Trademark Office in this year: 215238
Apple’s App Store
The computer giants had applied for the term ‘App Store’ in 2008 under classes 35, 38 and 42 and have been granted registration for the same. Even though the term App Store mean Application Store and not Apple store, the term ‘App’ is becoming generic in nature as a lot of entities have started using it.
INDIAN TRADEMARK UPDATES
Delhi HC grants a summary disposal in Trademark infringement suit
Delhi HC has once again used the provisions under Order 13-A of the Civil Procedure Code in an IP dispute. The scheme under the Commercial Courts Act, 2015 empowers the commercial courts or commercial divisions in high courts having original jurisdiction to dispose of a suit without conducting a full trial viz. in a summary fashion in accordance with the provisions under Order 13-A if the commercial value exceeds 1 crore rupees. In the instant case, Ahuja Radios, a partnership firm, was engaged in selling public address systems since 1940 instituted a suit against the defendant who was engaged in selling counterfeit public address systems and audio equipment bearing plaintiff’s registered trademark. In furtherance to the filing of the suit, the court appointed a local commissioner to inspect the premises of the defendant. The inspection revealed that the defendant was in possession of 4 amplifiers which weren’t original. The defendant argued that it is a small trader and unaware of the plaintiff’s title over the mark and further argued that the amplifiers were deliberately planted in his premises by the plaintiff. It was noted by the court that the plaintiff was undisputedly the registered proprietor of the trademark ‘Ahuja’ and further the defendant had also admitted its unauthorized use. Considering that the criteria for the grant of summary disposal had been met in the facts of this case, the court granted a permanent injunction and ordered the delivery of the infringing material in the favor of plaintiff.
Patanjali Withdraws the Trademark Applications
The multimillion dollar Ayurvedic brand Patanjali Ayurved Limited has been forced to withdraw its trademark applications under Class 03 for the mark ‘OJAS’ for soaps. The company withdrew its application after a rival company Charak Pharma, filed a case in the Bombay High Court alleging the mark to be deceptively similar to its mark ‘Ojus’ used for herbal tablets and syrups, even though the Patanjali claims that it had stopped using the name ‘OJAS’ in 2014 itself.
INTERNATIONAL TRADEMARK UPDATES
Thaddeus O’Neil in deep waters
Thaddeus O’Neil, an independent fashion designer has got himself in trouble over the use of his name for his designer line. The Wool mark price finalist had launched a menswear line in 2014, inspired by the surf culture under the name ‘Thaddeus O’Neil’. Soon after the launch, a cease and desist notice was served by the Netherlands-based surf wear clothing company, who own the trademark ‘O’Neill’ alleging that the use of the mark is creating confusion in the minds of the public as they may associate the products of the company with that of the designer. Thaddeus O’Neil has also applied for a trademark to register his name in 2016 under the USPTO.
GEOGRAPHICAL INDICATION UPDATES
Dahanu-Gholvad chikoo obtains GI registration
Maharashtra Rajya Chikoo Utpadak Sangh has obtained the GI registration for the chikoo that belongs to Dahanu-Gholvad belt of Palghar district. The GI application took 3 years to process for registration. It is said that the calcium-rich soil of Gholvad is responsible for the fruit’s unique taste.
BIP TIP OF THE WEEK
Deceptive similarity in Trademarks
Before finalizing on a brand name, it is recommended to conduct a search on the following databases to identify the potentially conflicting marks:
- Online database maintained by the Trademark Office;
- Common Law databases
- Well-known mark list
If any similar mark is uncovered during the search, it is recommended not to use the similar brand name for the proposed products/services to avoid any legal spat in the future. Having said that you may apply the said mark for registration, if you have honestly adopted the mark and has widely used and promoted the same for a continuous period of more than five years without any objection from any third party, then the chance of overcoming any objections from the Trademark Registry and /or third party users may be good.