Trademark News Bulletin: Palani Panchamirtham Gets GI Tag, Chupa Chups Travels to Japan, Durian Trademark Infringement and Other News
Indian Trademark Statistics for August (Second Week), Selena Gomes Files New Trademark, Tupperware to Open 30 Franchise-Run Stores, Ginsu Carves Licensing Program with JRL, Palani Panchamirtham Gets GI Tag and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
TRADEMARK QUOTE OF THE WEEK
“Define what your brand stands for, its core values and tone of voice, and then communicate consistently in those terms”- Simon Mainwaring
INDIAN TRADEMARK STATISTICS
Last week, the Indian Trademark Office has had a mixed week. The total number of applications published in the trademark journal have increased by twenty three percent (23%). Similarly, the total renewals notices issued have increased by twenty four percent (24%). However, there has been a decrease of twenty seven percent (27%) in the applications disposed through show cause hearings.
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||13354||10170||A decrease of 24%|
|Total Applications Disposed through Show Cause Hearings||6028||4406||A decrease of 27%|
|Total Applications Published in the Trademark Journal||8894||10931||An increase of 23%|
|Total Registrations Granted||6684||6774||An increase of 1%|
|Total Hearing Notices Issued||5908||6527||An increase of 10%|
|Total Renewals Notices Issued||1985||2463||An increase of 24%|
Trademark Statistics by Office
Total Number of New Applications Received from August 7th, 2019 to August 14th, 2019
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 1st, 2019 to August 14th, 2019
- Total Number of Trademark Applications Filed – 211896
- Total Number of Trademark Applications Examined – 103779
- Total Number of Trademark Applications Published – 114944
- Total Number of Trademark Applications Registered – 186692
INDIAN TRADEMARK UPDATES
Durian Trademark Infringement
Durian Industries Ltd., a home and office furniture company based in Mumbai, filed a trademark infringement suit against Binder Pal for using the mark ‘DURIAN TOUCH’ for home and office furniture. Durian Industries is said to have adopted the mark DURIAN in 1985 and has 43 trademark registrations for word and logo marks. In 2016, Durian Industries noted that Binder Pal had filed a trademark application for the mark ‘DURIAN TOUCH’ but did not take any further steps as they could not find any goods bearing the said trademark. However, in 2018, Durian Industries came to know that Binder Pal was selling the products using the impugned trademark. In arriving at the decision, the High Court of Mumbai noted that Durian Industries had made out a strong case for interim relief, and also Binder Lal chose to remain absent for the hearing in spite of being served notice twice.
INTERNATIONAL TRADEMARK UPDATES
Slippery Slope for Oil Manufacturer
Corto Olive, L.P., a California-based manufacturer of premium olive oils, and Gemsa Enterprises LLC, a southern California based producer of extra virgin olive oil, have reached an amicable settlement in a trademark infringement lawsuit. Corto Olive had filed a case last year against Gemsa Enterprises, for infringing its 51-49 registered trademark as well as the distinctive packaging for its brand of blended oil, which were however denied by Gemsa. Under the terms of the settlement, Gemsa Enterprises has agreed to cease the use of all infringing packaging, recall unsold stock, and to create new packaging design which shall be approved by Corto Olive.
Selena Gomes Files New Trademark
Following in the footsteps of other celebrities like Hailey Bieber, Ariana Grande, and Kendall Jenner, American singer and actor Selena Gomez is all set to launch her own beauty line. A new trademark application has been filed with the USPTO under her name in class 03, which includes a number of products namely fragrances, cosmetics, skincare preparations, moisturizers, haircare preparations, soaps, essential oils, and more. The singer had also filed trademarks under her name for jewelry, sound recordings, entertainment services as well as handbags.
BRAND LICENSING UPDATES
Chupa Chups Travels to Japan
Chupa Chups, the Spanish confectionary brand, has collaborated with Japanese retailer G.U. to launch a new collection of apparels. The collection will feature Chupa Chup range of pop and vintage T-shirts for girls in six designs which will be inspired by the brand’s heritage and flavor pallet across its Asian stores.
Ginsu Carves Licensing Program with JRL
Ginsu, one of the most well-known cutlery brands has made JRL Group its exclusive licensing partner. With the partnership in progress, JRL will be responsible to manage licensing programs for Ginsu across multiple platforms which will include expanding into cooking utensils and accessories, publishing, food, and housewares, among others. Ginsu became a household name in the US in the late 1970’s through its Direct Response TV (DRTV) advertising.
Tupperware to Open 30 Franchise-Run Stores
Tupperware Brands Corporation, a US based kitchenware major is planning to expand in India through Tupperware India by opening 30 outlets by this year-end. Initially the franchise run stores will be opened in key cities such as Delhi, Mumbai, Bengaluru, Hyderabad and Pune among others. The Tupperware brand also has adopted a multi-channel strategy where there will be both online and physical store presence to increase access to their products and help the brand reach out to new consumers. The company will also begin listing its products on e-commerce platforms such as Amazon and Flipkart through authorized sellers this month.
GEOGRAPHICAL INDICATION UPDATES
Palani Panchamirtham Gets GI Tag
Geographical Indications Registry has granted the GI tag to Palani Panchamirtham, given as ‘prasadam’ (food that is a religious offering) at the famous Palani Murugan temple in Tamil Nadu. The Panchamirtham which is a combination of five natural substances, namely banana, jaggery, sugar, cow ghee, honey and cardamom. For additional flavor, dates and diamond sugar candies are added to the above substances. It is said to be prepared in a natural method without the addition of any preservatives or artificial ingredients and is not subjected to any chemical process. It is also believed and seen to cure the diseases of the devotees. Palani Panchamirtham cannot be obtained anywhere except in the premises of the temple and stalls of the temple administration. The application was filed in 2016 by Arulmigu Dhandayuthapani Swamy Thirukkoil.
Authored and compiled by Shreya Chaddha & Uma T.S.
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