Weekly Trade Mark News: Apple-Face ID, Adidas and ELEAGUE Trade Mark Battle, SAP Trade Mark Infringement Suit, Chakhesang Shawl GI and more.
“Indian Trade Mark Statistics for October (Fifth Week) 2017, Adidas and ELEAGUE Trade Mark Battle, SAP Trade Mark Infringement, Apple-Face ID, Chakhesang Shawl GI and more,” brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
“A brand is no longer what we tell the consumer it is-it is what consumers tell each other it is” — Scott Cook
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office has been considerably active compared to the previous week. The total number of applications examined increased by seventy-one percent (71%). The total number of applications disposed through show cause hearing increased by thirty-nine percent (39%). However, the total number of renewal notices issued decreased by eighty-eight percent (88%).
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||4254||7308||An increase of 71 %|
|Total Applications Disposed through Show Cause Hearings||1016||1414||An increase of 39%|
|Total Applications Published in the Trade Mark Journal||9365||5394||A decrease of 42%|
|Total Registrations Granted||7867||8359||An increase of 6.7 %|
|Total Hearing Notices Issued||6043||9792||An increase of 62 %|
|Total Renewals Notices Issued||17916||2022||A decrease of 88 %|
Trade Mark Statistics by Office
Total Number of New Applications Received from October 25th, 2017 to October 31st, 2017
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01, 2017 to October 31, 2017
- Total Number of Trade Mark Applications Filed – 205916
- Total Number of Trade Mark Applications Examined – 144710
- Total Number of Trade Mark Applications Published – 205916
- Total Number of Trade Mark Applications Registered – 259306
INTERESTING TRADE MARKS
Apple Inc., the American multinational technology giant has filed a new application for the mark ‘FACE ID’. The mark has been filed with the USPTO under class 09 for ‘Computer hardware and software for secure biometric authentication, and password management and protection for use on computers, handheld mobile digital electronic devices and mobile telephones’. FACE ID is a facial recognition feature on the new iPhone X.
INDIAN TRADE MARK UPDATES
Sap Se & Ors (Plaintiffs) vs. Ms. Transweave Solutions Pvt Ltd & Anr (Defendants)
Subject – Trade Mark Infringement
Brief Facts – The Plaintiffs, a leading software application provider, adopted and commenced the use of the mark SAP in 1972 and the said mark has been registered under classes 09, 16, 14, and 41 under the Trademark Act, 1999. The Defendants were the education partner to the Plaintiff from the year 2007 to 2010. Even after the expiry of the agreement, the Defendants continued to represent themselves as SAP Global Education partner and were offering certification courses and using the SAP trade mark and logo without any authorization from the Plaintiffs. The Plaintiffs, therefore filed a suit before the Delhi High Court seeking relief for trade mark infringement stating that the Defendants’ use of the mark SAP and the SAP logo will create an impression that the Defendants are affiliated with the Plaintiffs.
Judgment: The Court held that the Defendants had been blatantly using the Plaintiffs’ registered trade mark SAP and SAP logo which amounts to trade mark infringement and is bound to cause incalculable losses, harm and injury to the Plaintiffs’ business. The Court therefore, passed a decree of permanent injunction restraining the Defendants from using the trade mark SAP or SAP logo or any other mark similar to that of the Plaintiffs.
INTERNATIONAL TRADE MARK UPDATES
Adidas in Legal Battle with ELEAGUE
The sportswear giant Adidas has filed a trade mark opposition against esports broadcaster ELEAGUE alleging that the three horizontal stripes of the ‘E’ in ELEAGUE logo is deceptively similar to Adidas’ logo containing three vertical stripes. In the notice of opposition, Adidas alleges that the ELEAGUE’s logo would cause confusion in the minds of public and dilution of Adidas’ registered mark which includes the phrase “The brand with the 3 stripes”.
LeBrone James Files New Trade Mark Application
LeBrone James, the acclaimed American basketball player has filed a new trade mark application for the phrase ‘NOTHING IS GIVEN. EVERYTHING IS EARNED’. The phrase has been filed with the USPTO bearing the serial number 87630975 on 2nd October, 2017. The phrase has been applied under classes 25 and 41 for clothing and educational services respectively.
TRADE MARK LICENSING UPDATES
ONLY launches Donald Duck Collection in India
The fashion brand ONLY collaborates with Walt Disney, world famous providers of entertainment to launch a new women’s collection featuring the celebrated character, Donald Duck. The collection titled “Only x Donald” features print shirt dresses, sweatshirts, crop tops, joggers, printed t-shirts and plaid shirts. The collection is available across all the ONLY retail outlets and the brand’s e-commerce store.
GEOGRAPHICAL INDICATION UPDATES
Chakhesang Shawl of Nagaland Obtains Geographical Indication (GI) Registration
After the famed Naga Chilly and Naga Tree Tomato, the Chakhesang Shawls is the latest addition to the GI registrations from Nagaland. The Chakhesang shawl is named after the tribe ‘Chakhesang’ and the shawls mark important events of the Chakhesang tribe and carry great social significance. The application was filed by Chakhesang Women Welfare Society in January, 2016.
BananaIP TIP OF THE WEEK
Trade Marks for Logos
Don’t ignore the significance of logo registration along with your word mark. It is imperative that a brand also develop a visual representation of the brand in the form of a logo along with the words that represent the business.
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]