Trademark Statistics, Bubble gum smell mark, Kit-Kat Trademark battle, Spartan Poker Domain Dispute, Hyderabadi Biriyani loses GI tag and more
Trademark statistics, Interesting Trademarks, Indian Trademark updates, International Trademark updates, Domain name disputes and Geographical Indication updates brought to you by the Trademark team of BIP Counsels.
Trademark quote of the week
“Products are created in the factory, but brands are created in the mind”
There has been an increase of 76% in the total number of hearing notices issued by the Trademark registry this week.
|Particulars||Last week||This week||Change in %|
|Total Trademark applications examined by Trademark Office||8427||8501||An increase of .8%|
|Total applications disposed of through show cause hearings||595||710||An increase of 19.3%|
|Total applications published in the trademark journal||9825||9488||An increase of 3%|
|Total registrations granted||6566||5292||An increase of 24 %|
|Total hearing notices issued||851||1499||An increase of 76%|
|Total renewal notices issued||877||2515||An increase of 186%|
Total number of marks published in trademark journal
|S.No.||Name of Office||Publication|
|6.||INTERNATIONAL REGISTRATION DIVISION||1287|
|7.||Total Trademarks published in Journal||7558|
Total number of Applications Examined by the Trademark Office in this year: 174320
Bubble Gum smell for Sandals
Obtaining a smell trademark has always been a battle for the trademark owners. This battle was won by the Brazilian footwear company Grendene, who applied for a bubble gum smell for Shoes, sandals, flip flops, and accessories under class 25 and was granted the same in 2015.
INDIAN TRADEMARK UPDATES
Trademark dispute over the ‘Exide’ brand reaches for an out of court settlement.
Exide Industries, a pioneer in the Indian battery industry, has opted for an out of court settlement with the US company Exide Technologies, over the use of the word ‘Exide’ in India. The Exide Technologies has under the terms of settlement decided to forever waive any right or claim to the ownership and/or use of Exide mark in India. The dispute has been going on for the past 19 years and the litigation is still pending before the Supreme Court for its disposal
International Trademark Updates
Kit-Kat loses trademark battle
Kit-Kat, a proprietary product of Nestle has lost the battle to trademark its four-figure mark in the UK. Nestle has been trying since the last four years to register the particular shape of its four-fingered chocolate bar which has been finally rejected by the Courts of Appeal. The Court while upholding the lower court’s decision, said that the chocolate bar was recognized by the consumers by its outer wrapper and not particularly by its four-figure bar. This decision is in conflict with the verdict given by the European Union General Court ruling, which though denied to give registration to Kit-Kat, ruled that the chocolate bar has acquired a ‘distinctive character through use’ in the UK.
Tencent files maximum Trademark Applications
Chinese technology company, Tencent, has surpassed big giants like LG and Johnson and Johnson and has become the forerunner by filing the maximum number of trademark applications in the previous year. According to Trademark Now, Tencent has filed a total of 4,100 trademark applications in the year 2016, with brands like LG Electronics, Times Warner and Johnson and Johnson.
Marvel trademarks Hail Hydra
The famous comic book Marvel has recently filed a trademark application to register the mark ‘Hail-Hydra’, a phrase which has become synonymous with the super-hero Captain America. The trademark was filed on 12th May 2017 under Class 09, 16 and 41, after it was reported that the domain name hail-hydra.com was redirecting to the biography of US President Donald Trump on the official White House website.
Domain Dispute Updates
Spartan Poker vs. Spartan Online Poker Pvt Ltd
Game of Poker has triggered off a legal spat between two groups who were hunky-dory until last year. The Pokerguru founder, Rajat Agarwal, had filed a lawsuit against Spartan Online Poker Pvt Ltd and its four executives for operating the domain name www.thespartanpoker.com which is identically similar to the plaintiff’s website with the name ‘Spartan Poker’. The court observed that the domain name ‘spartanpoker.com’ is not being identified with the petitioner nor did he incur any substantial expenditure for developing the web page, trade dress, and designing of the mark. The petitioner can claim damages from Spartan Online only if the registration for the mark is obtained. Court have asked to file Affidavit in opposition to both the parties within two weeks after the court summer vacation.
Geographical Indication Updates
Hyderabadi Biriyani fails to get GI Tag
The ‘Hyderabadi Biriyani’ has failed to secure the GI Tag. “The application is treated as abandoned as the Applicant has failed to prove the historical origin of the product with supporting documents”, as is written in the order passed by the Assistant Registrar of Trademarks & Geographical Indications Registry Chennai. The Deccani Biriyani Makers Association (DBMA) had applied for the GI tag in April 2009.
BIP Tip of the Week
Importance of evidence while filing GI and trademark applications
Though a mark or indication/appellation of origin may be very popular or well known, it is necessary and important to acquire and submit documentary evidence to prove the same in order to get the registration. Care must be taken to substantiate any claim of use with clear and convincing evidence.