Vistara Airlines Wins a Counterfeit Battle, Tirur Betel Leaf Gets GI Tag and Other News
Indian Trademark Statistics for August (Second Week), Guns N’ Roses Settlement, Superdry Plans Expansion in India, Sonata’s Range of Mission Mangal Watches Hit the Market, Oracle’s Trademark Battle, and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
TRADEMARK QUOTE OF THE WEEK
“A brand is the set of expectations, memories, stories and relationships that, taken together, account for a consumer’s decision to choose one product or service over another.” – Seth Godin
INDIAN TRADEMARK STATISTICS
Last week, the Indian Trademark Office has had a slow week. The total number of applications published in the trademark journal have decreased by eighteen percent (18%). Similarly, the total hearing notices issued have decreased by thirty percent (30%), with an increase of only one percent (1%) in the total number of registrations granted.
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||10170||8444||A decrease of 17%|
|Total Applications Disposed through Show Cause Hearings||4406||3814||A decrease of 13%|
|Total Applications Published in the Trademark Journal||10931||8922||A decrease of 18%|
|Total Registrations Granted||6774||6869||An increase of 1%|
|Total Hearing Notices Issued||6527||4577||A decrease of 30%|
|Total Renewals Notices Issued||2463||2311||A decrease of 6%|
Trademark Statistics by Office
Total Number of New Applications Received from August 14th, 2019 to August 21st, 2019
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 1st, 2019 to August 21st, 2019
- Total Number of Trademark Applications Filed – 216955
- Total Number of Trademark Applications Examined – 107323
- Total Number of Trademark Applications Published – 116407
- Total Number of Trademark Applications Registered – 192721
INDIAN TRADEMARK UPDATES
VISTARA Trademark Battle
Tata SIA Airlines Limited, a joint venture of Tata Sons Pvt Ltd and Singapore Airlines Limited, is the owner of VISTARA airlines since 2014. The use of the mark VISTARA as a part of the airline services includes usage on various merchandise, uniforms, name tags, badges and other accessories which are worn by airline staff. The mark VISTARA is also registered in India, Singapore, and various other countries. In February 2019, Tata SIA came to know that the Pilot18 Aviation Book Store is selling products such as badges, name tags, mugs, baggage tags, etc. bearing the mark VISTARA and logo on their website www.pilot18.com. In conducting further investigation, it was revealed that Pilot18 also claims to be supplying VISTARA branded aviation products to Vistara Airlines. During the trial, Pilot18 argued that they have never used or sold any products bearing the VISTARA mark or logo. In furtherance to this, a local commissioner was appointed to visit Pilot18’s premises where more than 300 products were uncovered bearing the mark VISTARA. During the inspection it was also uncovered that Pilot18 were selling products of other airlines including Jet Airways, SpiceJet and Air India. After hearing the arguments and inspecting the seized products, the High Court of New Delhi found that Pilot18 is not only liable to be permanently injuncted from using the mark VISTARA but also liable for perjury. The Court, therefore, passed a permanent injunction restraining Pilot18 from using the trademark VISTARA and also directed them to pay Rs. 2 lakhs to Tata SIA. The Court, on the next date of hearing, shall consider if any further action is to be taken in view of the false plea made by Pilot18.
INTERNATIONAL TRADEMARK UPDATES
Oracle Battles for its Name
Oracle, the US based tech giant, has filed a trademark infringement suit against CryptoOracle, a New York based cryptocurrency startup, for the use of its registered trademark. Oracle while filing the suit in California’s Northern District, has accused the startup of trademark dilution as well as cybersquatting. Earlier, Oracle had tried to settle the matter amicably by sending a cease and desist notice, which was met with resistance by CryptoOracle. Oracle is seeking an injunction against CryptoOracle for the use of the name along with monetary damages.
American Rock Band Settles Trademark Dispute
The American rock band Guns N’ Roses (GNR) has recently settled a lawsuit against US based Oskar Blues Brewery for trademark infringement. GNR had filed a trademark infringement case against the brewery for selling beer as well as merchandise under its name without obtaining the due authorization. However, the details of the settlement have not been made public.
BRAND LICENSING UPDATES
Sonata Unveils Mission Mangal Range
Sonata, the largest selling watch brand in India, has unveiled its latest collection of watches inspired by the movie Mission Mangal. Sonata has collaborated with the just released film to launch a set of ten women’s watches based on the five lead female characters of the movie. The collection will be available in all Titan stores and range from INR 1199 to INR 1849.
Rolling Stones Collaborates With NFL
The legendary rock band Rolling Stones in a bid to keep its merchandising empire rolling has partnered with the US National Football League (NFL) for selling T-shirts and jerseys. Bravado, the Stones’ exclusive brand management company, has signed a short term deal with the NFL to sell co-branded apparel which shall carry the marks and colours of the team. The apparel will be available at retail stands in the stadium as well as the band’s official website.
Superdry Plans to Expand Business in India
British fashion clothing brand, Superdry is planning to expand its presence in India by adding 30 more stores over the next three years. Superdry ventured into India in 2012 through a franchise partnership with Reliance Brands Ltd, part of Reliance Industries. It currently has 35 stores in India and also has an online presence across multiple e-commerce sellers, including Myntra and Ajio.
GEOGRAPHICAL INDICATION UPDATES
Tirur Betel Leaf Gets GI Tag
Geographical Indications Registry has granted the GI tag to Tirur Betel Leaf from Kerala which has various medicinal properties and high content of chlorophyll, protein and antioxidant capacity. The betel leaf from the betel vine is mainly cultivated in Tirur, Tanur, Tirurangadi, Kuttipuram, Malappuram and Vengara block panchayaths of Malappuram in Kerala. Even though it is commonly used for making pan masala for chewing, it is valued for its mild stimulant, digestive and medicinal properties. The Application was filed in 2018 by Tirur Vettila Ulpadaka Sangam facilitated by IPR Cell, Kerala Agricultural University.
Authored and compiled by Shreya Chaddha & Uma T.S
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