DuPont Insecticide Infringement, Beatles Looking to Sink Counterfeiters and other news.
“Indian Trade Mark Statistics for February (Fiest Week) 2018, Beatles engage in counterfeit battle , Banaganapalle Mangoes GI Registered and more Weekly Trade Mark News” brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
‘If you do not give the market the story to talk about, they’ll define their brand story for you.’
– Phil Dusenberry
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office had an upbeat week in comparison to the previous one. The total number of applications examined has increased by forty-one percent (41%). There has been an increase in the total number hearing issued by eighteen percent (18%). However, the total number of Registrations granted has been decreased by eleven percent (11%).
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||6493||9170||An increase of 41 %|
|Total Applications Disposed through Show Cause Hearings||6075||6616||An increase of 9%|
|Total Applications Published in the Trade Mark Journal||8551||10104||An increase of 18%|
|Total Registrations Granted||7394||6525||A decrease of 11%|
|Total Hearing Notices Issued||5665||6704||An increase of 18%|
|Total Renewals Notices Issued||1138||2055||An increase of 80%|
Trade Mark Statistics by Office
Total Number of New Applications Received from January 30th, to February 6th 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2018 to February 6th, 2018
- Total Number of Trade Mark Applications Filed – 28599
- Total Number of Trade Mark Applications Examined – 17675
- Total Number of Trade Mark Applications Published – 43490
- Total Number of Trade Mark Applications Registered – 33083
INTERESTING TRADE MARK
INDIAN TRADE MARK UPDATES
Ansari Bilal Ahmadlal Mohd vs Shafeeque Ahmed Mohammad Sayeed
Keywords: Trademark Infringement, Passing off
The Appellant being the original defendant filed an appeal against the relief order passed by the Court in Notice of Motion wherein even the plaintiff requested interference of court for interim relief of the impugned order.
The plaintiff’s is engaged in manufacturing and marketing “SUKOON OIL” used as a pain relieving massage oil under the said distinctively designed label and mark “NAGEENA SUKOON OIL” since 1993.The plaintiff applied for registration of trade mark “SUKOON” label which was accepted and advertised with condition that registration of this trade mark shall give no right to the exclusive use of device of lungs and word OIL and letters N, A and P. The plaintiff has also applied for word mark “SUKOON” which is pending being a registered proprietor of word mark “NAGEENA”.
In 2016, the plaintiff acknowledged that Defendant was engaged in the manufacturing, marketing and selling a similar Ayurvedic/Unani medicine under the Trade Mark “SUKOON” and also under the deceptively similar label bearing the word “HEENA” written and depicted in similar manner to the word “NAGEENA”, plaintiffs’ label. The plaintiff has also applied for registration of “HEENA SUKOON OIL” device mark claiming user since 1st June, 2012.
The defendant claimed that the calligraphy used by defendant company is of different style compared to that of plaintiff’s label. The plaintiff claimed that the defendant is violating plaintiff’s valuable, intellectual and intangible proprietary rights contained in the registered trade mark “SUKOON” label and/or its essential ingredients i.e. word “SUKOON”. It also stated that defendant has deliberately adopted the impugned trade mark with mala-fide intention of passing off their product as and for that of the plaintiff. Therefore, the plaintiff filed a Suit for infringement of registered trade-marks and copyright being a label mark of “SUKOON OIL”.
The Court observed that as in this case majority of consumers of these products are local people, the test to be applied for observing passing off to be person of average intelligence and imperfect recollection. Based on the documents produced showing the usage by the plaintiff since 1933 and the relevance of the product in market in addition with the passing off principles observed by the courts in earlier judicial precedents.
The Court held that the plaintiff has established a prima-facie case wherein the Defendant’s mark “HEENA SUKOON OIL” is deceptively similar to the plaintiff’s mark known and styled as “NAGEENA SUKOON OIL”. Therefore, the Court held it as a strong case of passing off and held in favor of plaintiff and dismissed the appeal.
INTERNATIONAL TRADE MARK UPDATES
Beatles engage in counterfeit battle
Apple Corps, the owner of trade mark of Fab Four, a USA tribute band for the Beatles, has filed several lawsuits for counterfeit merchandise against 50 online vendors. The suit has been filed against vendors selling merchandise with the marks ‘Beatles’ and ‘Yellow Submarine’ on clothes. Apple Corps has claimed $100 million as damages. It was claimed in the suit that the merchandise sold online is of substandard quality and therefore tarnishes the image of the Company.
TRADE MARK LICENSING UPDATES
GEOGRAPHICAL INDICATION UPDATES
Banaganapalle Mangoes Registered as Geographical Indication (GI)
Banaganapalle Mangoes have been granted registration as a Geographical Indication with the Application Number 241. The GI has been filed by Horiculture Development Agency, Telangana under Class 31 which comprises of Agricultural, Horticulture and Forestry products. The fruit is known for very light skin and thin seeds. It can be preserved up till three months.
BANANAIP TIP OF THE WEEK
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]