Intellepedia – IP News Center
11 Oct

Weekly Trade Mark News: BananaIP Seminar, Chobani Frozen Yoghurt Trade Mark, AHUJA RADIOS Trade Mark Infringement Suit, RCB Athleisure, Silao Khaja GI and more.

“Indian Trade Mark Statistics for October (Second Week) 2017, Chobani Frozed Yoghurt Trade Mark, AHUJA RADIOS Trade Mark Infringement, Royal Challengers Bangalore launches RCB Athleisure, Silao Khaja filed for GI and more,” brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.

TRADE MARK QUOTE OF THE WEEK

Brand is the sum total of how someone perceives a particular organization. Branding is about shaping that perception. — Ashley Friedlein

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 twenty-four percent (24%). The total number of applications published in the trade mark journal decreased by seventeen percent (17%). Moreover, the total number of renewal notices issued increased by four hundred and twenty-three percent (423%).

Particulars Last Week This Week Change in %
Total Trade Mark Applications Examined by Trade Mark Office 4336 5407 An increase of 24%

 

Total Applications Disposed through Show Cause Hearings 565 879 An increase of 55%

 

Total Applications Published in the Trade Mark Journal 7329 8583 An increase of 17%
Total Registrations Granted 8292 8112 A decrease of 2 %
Total Hearing Notices Issued 5090 6825 An increase of 34%
Total Renewals Notices Issued 458 2399 An increase of 423%

Total Number of New Applications Received from October 03rd, 2017 to October 10th, 2017

Sr. No Jurisdiction New Applications Examined Published Registered
1 AHMEDABAD 604 317 2071 770
2 CHENNAI 866 496 2225 1339
3 DELHI 1946 1028 5643 3119
4 KOLKATA 214 171 854 399
5 MUMBAI 1300 591 3045 1864
Total   604 317 2071 770

Trade Mark Statistics from January 01, 2017 to October 10, 2017

  • Total Number of Trade Mark Applications Filed – 194255
  • Total Number of Trade Mark Applications Examined – 213242
  • Total Number of Trade Mark Applications Published – 135458
  • Total Number of Trade Mark Applications Registered – 240302

INTERESTING TRADE MARKS

CHOBANI – Frozen Yogurt

Chobani LLC, a USA based company manufacturing flavoured and Greek yogurt has filed for a trade mark application with the USPTO for the mark ‘CHOBANI’. The mark has been filed under class 30 for frozen confections, frozen yogurt, frozen yogurt confections, bearing application number 87170542. The company has earlier filed more than 50 applications at the USPTO. The mark has been filed on an intent to use basis.

INDIAN TRADE MARK UPDATES

Ahuja Radios (Plaintiff) vs. H K Sound Electronics & Anr. (Defendant)

Subject – Trade Mark Infringement, Passing Off, Dilution

Brief Facts – The Plaintiff is engaged in manufacturing and exporting of Public Address System (PAS) and audio equipment in India under the mark ‘AHUJA’ since the year 1940. The Plaintiff exports its PAS and audio equipment to 50 countries across five continents. The equipments are also installed at various prominent places including the Indian Parliament (Lok Sabha), Indian Railways, Indian Army, Indian Air Force, etc. The Plaintiff learned that the Defendant, having its place of business in Mumbai, is engaged in selling counterfeit AHUJA PAS audio system and equipment. Thus, the Plaintiff filed a suit before the Delhi High Court seeking relief for trade mark infringement and passing off stating that selling of inferior equipment under the name of the Plaintiff puts them at loss of goodwill and sales.

Judgment: On perusal of evidence and having heard the learned counsel of the Plaintiff, the Court opined that the Defendants’ adoption and selling of counterfeit products bearing registered trade mark of the Plaintiff bound to cause deception and confusion resulting in damage to the Plaintiff’s reputation and goodwill. The Court passed an ex-parte order of permanent injunction restraining the Defendant from adoption and selling of counterfeit products using the mark ‘AHUJA’ or any other mark similar to that of the Plaintiff. The Court further issued a decree of INR 3,00,000 as monetary damages.

INTERNATIONAL TRADE MARK UPDATES

Strange Music in a Legal Battle with Strainge Entertainment

Strange Music Inc, co-founded by the American Rapper Tech N9ne and Travis O’ Guin is in a legal clash with Strainge Entertainment, a label created by Elliot Grainge. The record label company filed a trade mark infringement suit for a preliminary injunction restraining Strainge Entertainment from using the deceptively similar mark ‘Strainge’ alleging that the said mark is infringing the former’s trade mark ‘Strange’ which is likely to cause confusion amongst the public. In addition to the injunction, Strange Music is also seeking damages from the record label. Strainge Entertainment is yet to reply to the suit.

TRADE MARK LICENSING UPDATES

The Royal Challengers Bangalore (RCB) launch ‘RCB Athleisure’

RCB, the Karnataka based Indian Premier League cricket team, in collaboration with their global licensing partner Black White Orange, has decided to launch an exclusive athleisure apparel range in partnership with Status Quo, India’s leading brand in knitwear. With this partnership, RCB becomes one of the first IPL teams to come out with their unique apparel range. The RCB Autumn-Winter collection 2017 will be launched in October this year.

GEOGRAPHICAL INDICATION UPDATES

Silao Khaja Applied for Geographical Indication (GI) Registration

Silao Khaja, a traditional local delicacy from the Nalanda region of Bihar has been applied for a GI registration in class 30 by Silao Khaja Audyogik Swavalambi Sahakari Samiti Limited, an autonomous society. The sweet is widely known for its crispy and multi-layered appearance. It’s said that the unique features, taste and crispiness can be attributed to the local water and climate of Silao.

Intellepedia – BananaIP’s IP News Center Seminars and Events

Seminar on “Building an IP Framework for your Organization”

BananaIP has successfully organized a one-day seminar on “Building an IP Framework for your Organization” on 06th October, 2017 at the Le Meridian, Bangalore. The seminar was attended by more than 30 organizations from the IT, Electronics, Electrical and Telecom domains. The event was highly appreciated by the attendees and was successful in achieving its objective of helping companies understand the value of IP in these industries, and how to build, protect and leverage IP for their business success.

BananaIP TIP OF THE WEEK

There are 45 diverse product and service related classes under which a trade mark could be registered.  When applying for a trade mark, consider not just the immediate business for which it will be used but also anticipate future business expansion or possibilities and apply for those as well.

 

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]

 

 

 

 

 

 

 

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