Trade Marking a Face?, Corona Beer weds Corona Lime, Madhya Pradesh Basmati isn’t Basmati, and other News
“Indian Trade Mark Statistics for March (Third Week) 2018, Corona Beer weds Corona Lime, Trade Marking a Face , MP Fails to Obtain GI Tag for Basmati and more” brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
“Products are made in the factory, but brands are created in the mind” – Walter Landor
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office had an overall decrease in its productivity. The total number of renewal notices issued has decreased by seventeen percent (17%). Similarly, the total number registrations granted has decreased by twenty eight percent (28%).
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||9915||9582||A decrease of 3%|
|Total Applications Disposed through Show Cause Hearings||9415||7803||A decrease of 17%|
|Total Applications Published in the Trade Mark Journal||10529||10977||An increase of 4%|
|Total Registrations Granted||9796||7043||A decrease of 28%|
|Total Hearing Notices Issued||11633||5356||A decrease of 54%|
|Total Renewals Notices Issued||2212||2590||An increase of 17%|
Trade Mark Statistics by Office
Total Number of New Applications Received from March 21st to March 28th, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2018 to March 28th , 2018
- Total Number of Trade Mark Applications Filed – 71529
- Total Number of Trade Mark Applications Examined – 43011
- Total Number of Trade Mark Applications Published – 96728
- Total Number of Trade Mark Applications Registered – 105890
INTERESTING TRADE MARK
Trade Marking the Face
In a recent case, Brandon M. Dennis (alias Oxhorn), a musician, author, and game live streamer has filed five US trade mark applications, including two for the portrait of his face. The applications for the drawing describe the trade mark as “the image of a man’s face who is wearing a hat and a beard and that is smiling while holding a cigar between his lips”. These marks have been filed by OXHORN LLC, owned by Brandon M. Dennis.
INDIAN TRADE MARK UPDATES
M/S. Wockhardt Limited (Plaintiffs) v. Maha Avtar Healthcare Pvt. Ltd. (Defendants)
A suit was filed for permanent injunction restraining the Defendant from manufacturing and selling any pharmaceutical products under the impugned trade mark ‘SPAS PROXIVON’. The Plaintiff is the owner of the registered trade mark SPASMO PROXYVON, which was invented as a distinctive mark in 1977. It is stated in the Plaint that the Plaintiff markets its products in distinctive blue colored capsules which are further packed in cartons having an eye-catching artistic get-up. The Defendant is engaged in manufacturing and marketing a pharmaceutical product under the mark ‘SPAS PROXIVON’ bearing a deceptively similar packaging and used for treatment identical to that of the Plaintiff’s product.
The Court is of the view that due to extensive use over substantial period of time, the Plaintiff’s trade mark has acquired reputation and goodwill in India. The court noted that the use of the impugned mark and packaging by the Defendant was bound to cause incalculable loss, harm and injury to the Plaintiff and immense public harm. The Court, therefore, decreed the suit in favor of the Plaintiff.
INTERNATIONAL TRADE MARK UPDATES
OREO and NILLA Cookies to be Breakfast Cereals
After Nutter Butter and Chips Ahoy!, the International Great Brands, LLC, filed applications to register the trade marks GOLDEN OREO and NILLA with the US on 8th March, 2018. Oreo and Nilla are popular biscuit or cookie products. The trade mark applications cover “breakfast cereals” in Class 30 and have been filed on an intent to use basis.
TRADE MARK LICENSING UPDATES
Corona Beer weds Corona Lime
Here is some exciting news for all the Corona beer lovers out there who cannot imagine having one without the nice slice of lime. A new deal has been brokered between Constellation Brands, the proprietor of Corona, and Earth Source, an American fresh produce grower, for the sourcing and distribution of Corona-branded limes. These limes will be sold in six packs and bulk boxes as early as this year.
Redbubble and Retail Monster Partner to Expand Portfolio
Online marketplace Redbubble has announced a new partnership with brand extension and licensing company Retail Monster. This new tie will assist Redbubble gain access to new licensing teams and brands, while Retail Monster will be able to enhance its ability to connect its clients to a vast network of artists and fans.
GEOGRAPHICAL INDICATION UPDATES
MP Fails to Bag Basmati GI Tag
In a recent order passed by the Geographical Indication Registry, Madhya Pradesh has lost the battle to be included in the list of Basmati growing regions. The order has been passed after an opposition was filed by Madhya Kshetra Basmati Growers & others against the Agricultural & Processed Food Products Export Development Authority (APEDA) to include Madhya Pradesh in the list of basmati growing regions which includes states such as Punjab, Haryana, Himachal Pradesh, Delhi, Uttarakhand, western Uttar Pradesh and Jammu & Kashmir.
BANANAIP TIP OF THE WEEK
It is quite possible for the two parties to get a trade mark for the same mark in the same class if the products or services they offer are drastically different. Class 41 covers education and also entertainment services, therefore if two companies want to use same or similar marks in Class 41 they can as long as no overlap exists.
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]