Weekly TM News: Bacardi Trade Mark Battle, Wayanad Robusta, Ayur Trade Mark Infringement and Other News
“Indian Trade Mark Statistics for February (Second Week) 2018, Michael Buble Trade Mark, Bacardi Envious over Trade Mark, Wayanad Robusta Applied for GI and more brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
‘A brand is nothing but the consumer’s loyalty and trust’ – Phil Dusenberry
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office had an upbeat week in comparison to the previous. The total number of applications examined has increased by sixteen percent (16%). There has been an increase in the total number of hearings issued by fifty-four percent (54%). However, the total applications published in the journal has decreased by ten percent (10%).
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||9170||10694||An increase of 16%|
|Total Applications Disposed through Show Cause Hearings||6616||7129||An increase of 7%|
|Total Applications Published in the Trade Mark Journal||10104||9030||A decrease of 10%|
|Total Registrations Granted||6525||9799||An increase of 50%|
|Total Hearing Notices Issued||6704||10353||An increase of 54%|
|Total Renewals Notices Issued||2055||2635||An increase of 28%|
Trade Mark Statistics by Office
Total Number of New Applications Received from February 6th to February 13th, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2018 to February 13th, 2018
- Total Number of Trade Mark Applications Filed – 34689
- Total Number of Trade Mark Applications Examined – 21737
- Total Number of Trade Mark Applications Published – 51207
- Total Number of Trade Mark Applications Registered – 41396
INTERESTING TRADE MARK
Michael Buble Trade Mark
Michael Buble, the Canadian Grammy Award winning singer, filed for a trade mark application for his name with the USPTO in September 2015. The mark has been filed under class 03 for cosmetics mainly Body deodorants; Body sprays; Cosmetic preparations. The mark received a registration in November 2016.
INDIAN TRADE MARK UPDATES
M/S THREE-N-PRODUCTS PVT. LTD. V M/S KAIRALI EXPORTS AND ANR
Subject: Trade Mark Infringement, Passing Off
Brief Facts: The Plaintiff is the registered trade mark owner of the mark ‘AYUR’ since 1984 in classes 24 and 25 in India and various other countries. The Plaintiff became aware that the Defendants were engaged in using an identical and similar mark ‘AYURVASTRA’ for similar goods. The Plaintiff thereafter issued a cease and desist notice against the Defendants to which the Defendants admitted their improper adoption and agreed to discontinue the marks ‘AYUR’ and ‘AYURVASTRA’. However, the Plaintiffs subsequently came across the usage of the marks by the Defendants, hence the suit was filed before the Delhi High Court for a permanent injunction against the Defendants.
Judgement: The Court held that the Plaintiff failed to establish a prima facie case as the word ‘AYUR’ has been used historically and is derived from the Hindu Vedic texts. Thus, the Plaintiff cannot prima facie claim any proprietorship on the word ‘AYUR’ per se. The mere fact that Plaintiff claims to be a prior adopter or has substantial turnover is of no consequence. The Plaintiff has also failed to show that by use of the mark “AYURVASTRA” by the Defendant, the public is likely to get deceived or likely to associate the products of the Defendants with the Plaintiff. The Court, therefore, held that the trade mark of the Defendant is not identical to that of the Plaintiffs in terms of style, design, trade dress and the Plaintiff is not entitled to a grant of an ad-interim injunction.
INTERNATIONAL TRADE MARK UPDATES
Bacardi Envious over Trade Mark
Bacardi Limited, the world’s largest privately held liquor company, has lost the trade mark battle to register the mark ‘Angel Envy’. Bacardi had applied for the mark ‘Angel Envy’ with the EUIPO in 2015, which was opposed by Le Fée, claiming that the word ‘Envy’ has been registered by them to cover spirits and drinks containing absinthe. Bacardi in a counter statement denied any similarity between ‘absinthe’ or ‘alcoholic beverages containing absinthe’. The IPO upheld the case in favour of Le Fée, claiming that even though there is no direct confusion, however, there is a likelihood of indirect confusion between ‘Angel Envy’ and ‘Envy’ and ordered damages of £600 to be paid to Le Fée. Bacardi will likely appeal against the order of the IPO.
TRADE MARK LICENSING UPDATES
Femina Collaborates with IRIS
Femina Flaunt, the retail brand developed by Bennett, Coleman & Co. Ltd for Femina has collaborated with IRIS Brand LLP, to launch a new eyewear collection. The collection has been launched at the International Trade Expo 2018, held in Mumbai. The collection has been licensed to Shoppers Stop and is available in the range of INR 1700 to INR 4000.
AC Milan Partners PUMA
AC Milan, the Italian Football club has entered into a kit supplier engagement with PUMA. The agreement will come into effect from July, 2018, and AC Milan joins Borussia Dortmund and Arsenal FC clubs among others as a part of the PUMA Football Clubs.
GEOGRAPHICAL INDICATION UPDATES
Wayanad Robusta Applied for GI
The Coffee Board, Bangalore has applied for a new application for ‘Waynad Robusta’ coffee. The application has been filed in January 2018 under class 30 for Coffee with Application Number 605. Robusta coffee, is a species of coffee that has its origins in central and western sub-Saharan Africa. It is known for being soft to neutral in cup, full-bodied, with a very intense aroma and a hint of chocolate.
BANANAIP TIP OF THE WEEK
Famous or well know marks can stop the dilution of the mark by preventing the use of such marks by others for their products or services. Any usage that is detrimental to the distinctive character or repute of the mark can be infringement.
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]