Kwality Wall’s Sweet Win, Inox Partners with NBA, Marcolin Group- Harley Davidson Licensing Agreement Renewal, Uttarakhand Jyan Salt Tea Filed for GI and Other News
Indian Trademark Statistics for June (Second Week), Blake Farms Stuck in Traffic Jam over Trademark, Huawei Files Trademark for its New OS, Inox Partners with NBA and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“Confusion always prevails over Clarity in trade mark infringement conflicts.” – Dr. Kalyan C. Kankanala, BananaIP Counsels.
INDIAN TRADEMARK STATISTICS
Last week, the Indian Trademark Office has had a mixed week in terms of productivity. The total number of applications examined by trademark office has decreased by fourteen percent (14%). Similarly, the total number of renewals notices issued has decreased by thirty percent (30%). However, there has been an increase of thirteen percent (13%) in the total registrations granted.
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||8540||7387||A decrease of 14%|
|Total Applications Disposed through Show Cause Hearings||3808||3126||A decrease of 18%|
|Total Applications Published in the Trademark Journal||7443||7871||An increase of 6%|
|Total Registrations Granted||6156||6959||An increase of 13%|
|Total Hearing Notices Issued||10737||6881||A decrease of 36%|
|Total Renewals Notices Issued||2584||1800||A decrease of 30%|
Trademark Statistics by Office
Total Number of New Applications Received from June 6th, 2019 to June 12th, 2019
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 1st, 2019 to June 12th, 2019
- Total Number of Trademark Applications Filed – 153181
- Total Number of Trademark Applications Examined – 67857
- Total Number of Trademark Applications Published – 118221
- Total Number of Trademark Applications Registered – 132811
INDIAN TRADEMARK UPDATES
Feast over Choco Feast; Unilever’s Sweet Win
Unilever PLC, a well-known FMCG, filed a suit seeking a permanent injunction against Hyderabad based Masqati Dairy Products for infringing Unilever’s registered trademark FEAST by using the deceptively similar mark CHOCO FEAST for ice-creams. The High Court of Bombay instructed Masqati to pay INR 5 lakh as damages to Unilever. However, Unilever requested the amount be donated to ‘AWARE Foundation’, an organization which takes care of animals found in sick and injured condition on the streets. The Court passed a permanent injunction in favour of Unilever. Interestingly, the Court also ordered the infringing goods seized by the Court Receiver, to be distributed amongst the poor children and the seized wrappers to be destroyed by the Parties.
INTERNATIONAL TRADEMARK UPDATES
Huawei Files Trademark for its New OS
Huawei Technologies, the Chinese tech giant, has filed new trademark applications for ‘Hongmeng’, the new operating system developed by it. The applications have been filed in a number of countries, including Canada, Mexico, Spain, South Korea, Australia, New Zealand, Peru, Turkey, Philippines, European Countries and China, under classes 09 and 42, covering electronic devices amongst other products and services. With the filing of the new applications, it looks like Huawei is planning on launching the new OS worldwide.
Blake Farms Stuck in Traffic Jam over Trademark
Traffic Jam and Snug (TJS), a US pub and grub, has filed a trademark infringement suit against Blake Farms Hard Apple Cider, a Michigan US based craft cidery, for the unauthorized use of their mark ‘Traffic Jam’. The mark is being used by Blake Farms to sell their new berry cider. TJS has claimed in the suit that the use of the mark is likely to cause confusion and deceive the customers into believing that the cider is affiliated with them. TJS is seeking damages, legal costs along with an injunction on the sale of the promotional material. It is interesting to note that TJS does not have a registration for the mark ‘Traffic Jam’, and Blake Farms has recently filed an application for the trademark with the USPTO.
BRAND LICENSING UPDATES
Marcolin Group – Harley Davidson Licensing Agreement Renewal
Marcolin Group, one of the leaders in eyewear industry, has renewed its licensing agreement with Harley-Davidson, for the design, manufacture, and distribution of sunglasses and eyewear. The agreement has been extended through 2021 and Marcolin will continue to produce Harley-Davidson branded eyewear for men, women as well as children.
Inox Partners with NBA
India’s second largest multiplex chain, Inox Leisure Limited, has entered into marketing partnership with the National Basketball Association (NBA), the American professional basketball league, to integrate the NBA into Inox’s centers in Delhi, Mumbai, Hyderabad, Kolkata and Pune. Inox now being the exclusive multiplex partner of the NBA will introduce various NBA elements in the cinemas including co-branded inflatable products, popcorn buckets, posters and jersey wall displays. Inox will also host screening parties for select games throughout the NBA season.
GEOGRAPHICAL INDICATION UPDATES
Uttarakhand Jyan Salt Tea Filed for GI
Jyan salt tea or namkeen chai is a traditional beverage of the Bhotiya tribal community of Uttarakhand. Salted tea provides high levels of energy and nutrition for health. The beverage is prepared by using the Taxus Baccata L. bark (a tree species which is in danger and need of conservation), milk, ghee, salt and black pepper powder. The salted tea is also said to provide energy, warmth, and immunity during severe winters due to the use of ghee in the preparation. The GI application was filed by the Hinwal Nidhi Swayat Sahkarita and Neo Integrated Development of Himalaya Society in May, 2019.
Authored and compiled by Shreya Chaddha & Uma T.S
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The Trademark News Bulletin is brought to you by the Trademark/Copyright, IP Transactional Strategy Divisions of BananaIP Counsels, a Top IP Firm in India. Led by Sanjeeth Hegde, BIP’s Trademark Attorneys are among the leading experts in the field. If you have any questions, or need any clarifications, please write to [email protected] with the subject: Trademark News.
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