“Indian Trade Mark Statistics for October 2017, BATA Trade Mark Infringement, American Eagle and Aditya Birla Group Signs Licensing Deal, Kannur Baby Wraps filed for GI and more,” brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
“Every interaction in any form is branding” – Seth Godin
INDIAN TRADE MARK STATISTICS
The productivity of the Indian Trade Mark Office has been considerably low compared to the previous week’s status. The total number of applications disposed through show cause hearings decreased by twenty-seven percent (27%). The total number of applications published in the trade mark journal decreased by fourteen percent (14%). However, the total number of hearing notices issued increased by forty-five percent (45%).
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||6137||4336||A decrease of 29%
|Total Applications Disposed through Show Cause Hearings||774||565||A decrease of 27%
|Total Applications Published in the Trade mark Journal||8579||7329||A decrease of 14%|
|Total Registrations Granted||5666||8292||An increase of 46 %|
|Total Hearing Notices Issued||3495||5090||An increase of 45%|
|Total Renewal Notices Issued||1811||458||A decrease of 74%|
Total Number of New Applications Received from September 09, 2017 to September 19, 2017
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Trade Mark Statistics from January 01, 2017 to September 26, 2017
- Total Number of Trade Mark Applications Filed – 189324
- Total Number of Trade Mark Applications Examined – 139770
- Total Number of Trade Mark Applications Published – 128924
- Total Number of Trade Mark Applications Registered – 233318
INTERESTING TRADE MARKS
Jurassic World: Fallen Kingdom-Universal Studios
Universal City Studios LLC and Amblin’ Entertainment, Inc., have jointly filed 10 new trade mark applications under the USPTO for the mark ‘Jurassic World: Fallen Kingdom’. The mark has been filed under classes 41, 30, 29, 28, 25,18, 16,14, 9 and 3 which deals with entertainment services as well as merchandising. The marks has been filed on an intent to use basis.
INDIAN TRADE MARK UPDATES
Bata India Limited (Plaintiff) vs. M/S B.S.R. Stylish Walk (Defendant)
Subject – Trade Mark Infringement, Passing Off
Brief Facts – Plaintiff is the registered proprietor of the trade mark BATA in various classes including Class 25. The Plaintiff was incorporated in India in 1931 and is considered to be the largest retailer and leading manufacturer of footwear in India with a global presence. Plaintiff learned that the Defendant is engaged in the sale of footwear under different third party brands including the merchandise of the Plaintiff, but is neither the authorized distributor nor the wholesaler. Further, the Defendant has also adopted the name and style of BATA SHOWROOM as its trading style without any authorization from the Plaintiff.
Based on these circumstances, the Plaintiff filed a suit before the Delhi High Court seeking relief for trade mark infringement and passing off.
Judgment: On perusal of evidence and having heard the learned counsel of the Plaintiff, the Court opined that due to extensive worldwide use over a substantial period of time, the Plaintiff’s BATA mark and BATA logo have acquired reputation and goodwill in the marks globally as well as in India. The Court held that the trade mark, logo, and label BATA used by the Defendant amounts to infringement of Plaintiff’s trade mark and issued a decree of permanent injunction against the Defendant from using the mark BATA or any other mark similar to that of the Plaintiff.
INTERNATIONAL TRADE MARK UPDATES
Pet Food Producer Screech Trade Mark Infringement
Premium Nutritional Products, Inc (“PNP”), a Kansas based company engaged in manufacturing animal feed under the brand name ‘ZuPreem’ has filed a trade mark infringement suit against Kaytee Products Inc., which is also providing premium care products for pets. PNP has filed for preliminary injunction against Kaytee’s ‘Fruit Blend’, a parrot food product in the shape of fruits, which imitates ZuPreem’s ‘Fruit Blend’ having the same concept. PNP has alleged that the color combination and packaging is likely to confuse the consumers between the two products. Kaytee is yet to file a response for the same.
Palace Sports Files New Trade Mark Application
Palace Sports & Entertainment, LLC, an American sports and entertainment company has filed for a new trade mark with the USPTO for the mark ‘Motor City Soccer Club’. The mark has been filed under classes 09, 16, 25, 28 and 41 bearing application Number 87624848. The company has earlier filed for ‘Detroit City Soccer Club’ under the same head of classes. The new applications have been most likely filed with the intention to expand soccer in Detroit.
TRADE MARK LICENSING UPDATES
American Eagle Ties Up with Aditya Birla for India Stores
American Eagle Outfitters Inc., an American clothing and accessories retailer is entering India by signing a multi-year license agreement with the Aditya Birla Group, a multinational conglomerate. The first stores are expected to open in Delhi and Mumbai in spring 2018. American Eagle Outfitters currently operates more than 1,000 retail stores in the United States, Canada, Mexico, China and Hong Kong, and ships to 82 countries worldwide through their e-commerce websites.
GEOGRAPHICAL INDICATION UPDATES
Kannur Baby Wraps Applied for Geographical Indication (GI) Registration
The Lokanath Weavers Industrial Co-operative Society Ltd. has filed a GI application with the Geographical Indications Registry for “Kannur Baby Wraps” bearing Application Number 576 for baby wraps (sets of sheets and towel) in Class 24. This application is filed to provide legal protection to the original handwork against infringement and for the up-liftment of the weavers.
BananaIP Seminars and Events
Seminar on “Building an IP Framework for your Organization”
After the success of its seminar for corporate inventors, The Strategic Inventor, BananaIP is now organizing a seminar for up and coming organizations in the IT, Electronics, Telecom and Electrical industries on building IP frameworks. The objective of the seminar is to help companies understand the value of IP in these industries, build, protect and manage IP efficiently, and leverage IP for their business success. More information about the seminar is available at: https://www.bananaip.com/building-intellectual-property-framework-organization/
BananaIP TIP OF THE WEEK
Before you finalize and make any heavy investments into the marketing or production of your brand name, ensure the necessary due diligence is conducted through a trade mark search. By doing so you are trying to rule out the possibility of any infringement of existing same or similar trade marks.
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 IIT, Bombay, 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]