“Indian Trade Mark Statistics for February (Third Week) 2018, Gucci Stripes not for Forever 21, Renault’s Super Hero Vehicles, Grasim Industries Trademark Suit, and more brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
“A great trademark is appropriate, dynamic, distinctive, memorable and unique” – Primo Angeli
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 four percent (4%). There has been an increase in the total number of hearings issued by forty three percent (43%). However, the total registration granted has decreased by twenty percent (20%).
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||10694||11210||An increase of 4%|
|Total Applications Disposed through Show Cause Hearings||7129||10231||An increase of 43%|
|Total Applications Published in the Trade Mark Journal||9030||9203||An increase of 2%|
|Total Registrations Granted||9799||7821||A decrease of 20%|
|Total Hearing Notices Issued||10353||13201||An increase of 26%|
|Total Renewals Notices Issued||2635||2282||A decrease of 13%|
Trade Mark Statistics by Office
Total Number of New Applications Received from February 13th to February 21st, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2018 to February 21st, 2018
- Total Number of Trade Mark Applications Filed – 47308
- Total Number of Trade Mark Applications Examined – 26166
- Total Number of Trade Mark Applications Published – 58956
- Total Number of Trade Mark Applications Registered – 47308
INTERESTING TRADE MARK
Hail Trade Mark
An individual from Seattle, Washington was the first to file a trade mark application in the US in 2018. The application bearing serial number 87739622 contains “the image of a cat’s face and shoulders with the word ‘HAIL’ in uppercase lettering at the bottom of the mark” and it claims usage for “animal advocacy, t shirts, stickers, entertainment services.” The Application was filed on 1st January, 2018 with first use since 20th October, 2012.
INDIAN TRADE MARK UPDATES
Grasim Industries Limited vs. Grasim Electricals and Switch Gear Pvt. Ltd.
Brief Facts: The Plaintiff is a part of the business house “Aditya Birla Group” and is ranked at 1380 in the ‘Forbes 2000 best Companies’ and also included in the fabulous 50 companies in Asia by Forbes. The Plaintiff is the registered trade mark owner of the mark ‘GRASIM’ since 1997 in various classes and are spread over aluminium, copper, cement, textiles (pulp, fibre, yarn, fabric and branded apparel), carbon black, insulators, natural resources, power, agribusiness, telecommunications, financial services, retail and trading industries all over the world. The Plaintiff became aware that the Defendants were engaged in using an identical and similar mark ‘Grasim Electrical & Switch Gear Pvt. Ltd.’ for manufacturing and marketing of electrical and switch gear products, and therefore filed a suit. The Court granted ex-parte interim injunction against the defendant in 2015. The Plaintiffs subsequently claim that the Defendants have no justification for adoption of impugned trademark; hence the suit was filed before the Delhi High Court for a permanent injunction against the Defendants.
Judgement: The Court observed the ex-parte evidence provided by the Plaintiff which established a prima facie case that the plaintiff’s Grasim mark has acquired reputation and goodwill globally as well as in India. Thus, the court held that the usage of the mark by the Defendant amounts to infringement of plaintiff’s trademark and causes loss, harm and injury to the plaintiff and immense public harm. Therefore, the court ruled in favor of the Plaintiff.
INTERNATIONAL TRADE MARK UPDATES
Gucci Stripes Not For Forever 21
The international fashion house Gucci, famous for its blue-red-blue and green-red-green stripes protected by trade marks going back to 1988, has accused and issued several seize and desist notices to Forever 21 for blatantly copying. Forever 21 has responded by filing a suit against Gucci in California contending that trade marks should not have been issued to Gucci for the stripes, Gucci cannot monopolize all blue-red-blue or green-red-green stripes, and that products sold by Forever 21 with such stripes does not create confusion as to the source of the product.
The US District Court has stated that the claims by Forever 21 are viable and should be decided at trial and has also rejected Gucci’s request to dismiss the cancellation of its trade mark claims by Forever 21.
TRADE MARK LICENSING UPDATES
Renault Partners with Marvel
Renault India has collaborated with Marvel to launch a range of Renault KWID Marvel Avengers super hero edition cars. The new range of cars has been designed by Renault’s studio in Mumbai. The Marvel heroes Iron Man and Captain America will make their appearance on Renault’s SUVs. Bookings for the same are available on amazon.in.
GEOGRAPHICAL INDICATION UPDATES
Mahabalipuram Stone Sculpture
The famous stone sculptures of Mahabalipuram has been bestowed the GI tag by the Geographical Indications Registry, Chennai. The Tamil Nadu Handicrafts Development Corporation in its application, submitted that the exquisite rock-sculpting techniques exhibited in Mahabalipuram / Mamallapuram dates back to the early 7th century CE (Common Era). The Pallava dynasty, being responsible for the marvelous structures who ruled the region of Mahabalipuram/ Mamallapuram between the 6th and 9th centuries A.D., developed the port town as a centre of art and architecture.
BANANAIP TIP OF THE WEEK
A trade mark owner’s failure to monitor and take action against unauthorized usage or misuse causes the value and goodwill of a mark to diminish. Unauthorized usage should be challenged by the owner through issuances of notices, filing of complaints with relevant authorities, and law suits as appropriate.
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 –firstname.lastname@example.org