Weekly Trade Mark News: BananaIP Seminar, KENT Trade Mark Infringement Suit, The Ritz Carlton-Caviar, Vespa to Launch Footwear, Gamosa GI and more.
“Indian Trade Mark Statistics for September 2017, KENT Trade Mark Infringement, Vespa to Launch Footwear Collection, Assam Intends to file GI for Gamosa, 3M Sues Thunder Fish for Trade Mark Infringement, and more,” brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
“You may build a large portfolio of trade marks, but all you need is just one well known mark.”
-Dr. Kalyan C. Kankanala, Renowned IP Attorney, Professor, and Author.
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 thirty-one percent (31%). The total number of applications published in the trade mark journal decreased by forty-one percent (41%). However, the total number of hearing notices issued increased by sixty percent (60%).
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||6549||6137||A decrease of 6.3%
|Total Applications Disposed through Show Cause Hearings||1123||774||A decrease of 31%
|Total Applications Published in the Trade mark Journal||14735||8579||A decrease of 41%|
|Total Registrations Granted||5865||5666||A decrease of 3%|
|Total Hearing Notices Issued||2171||3495||An increase of 60%|
|Total Renewal Notices Issued||2770||1811||A decrease of 34%|
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 – 185359
- Total Number of Trade Mark Applications Examined – 299658
- Total Number of Trade Mark Applications Published – 289217
- Total Number of Trade Mark Applications Registered – 245670
INTERESTING TRADE MARKS
The Ritz Carlton – Caviar
The Ritz-Carlton, an American company known for its luxury hotels and resorts, has filed a new trade mark application for the mark ‘ THE RITZ-CARLTON’ with the USPTO under class 29 for Caviar. The application bears the serial number 87610683 and is filed on an intent to use basis.
INDIAN TRADE MARK UPDATES
Kent Ro Systems Ltd & Anr (Plaintiffs) vs. M/S Kentech Ro Systems & Anr (Defendants)
Subject – Trade Mark Infringement, Passing Off, and Trade Mark Dilution
Brief Facts – Plaintiffs are the registered proprietors of the trade mark KENT. The mark was adopted in the year 1999 for mineral water purifiers and they are considered to be the market leaders. The mark KENT has been registered in India and abroad. Plaintiffs learned about the Defendants’ activities through their website www.kentechro.com, through which they were trading under the impugned trade mark. The Defendants were engaged in assembling and selling domestic water purifying products and other similar services.
Noting the aforesaid, the Plaintiffs filed a suit before the Delhi High Court seeking relief for trade mark infringement, passing off, and dilution.
Judgment: The Court held that the Defendants’ adoption and use of the impugned mark ‘KENTECH’ amounts to infringement of Plaintiffs’ registered trade mark and is deceptively similar to the mark ‘KENT’. The Court further opined that the acts of the Defendants in adopting the impugned mark will cause irreparable damage and loss to the Plaintiffs’ business under its mark ‘KENT’. Therefore, the Court issued the following orders:
- Permanent injunction restraining the Defendants from using the mark ‘KENTECH’ or any other mark similar to the Plaintiffs’ mark ‘KENT’;
- Directed the Defendants to immediately transfer the infringing domain name kentechro.com to the Plaintiffs, at its own cost;
- To pay a sum of INR 3,00,000 to the Plaintiffs as monetary damages.
INTERNATIONAL TRADE MARK UPDATES
3M sues Chinese Thunder Finish
3M, an American multinational, has filed a trade mark infringement suit against China based company Thunder Finish. The American giant has alleged that the marketing materials used by the Chinese company infringes their trade marks. 3M has recently filed a new trade mark application for the word ‘PPP’ or Paint Preparation System. The suit has been filed before the federal court in the U.S. Western District of Wisconsin. Thunder Finish is yet to respond to the lawsuit.
SpaceX Files New Trade mark Application
Space Exploration Technologies Corp., an American aerospace manufacturer and space transport services provider, trading as SpaceX, has filed a new trade mark application for the mark ‘Starlink’ with the USPTO. The Application has been filed with the serial number 87576978 under classes 38 and 42 for satellite communication and transmission services and research and development services in the field of satellite communications respectively. The new applications have been filed keeping in mind the plan to provide low cost internet services via satellite network access.
TRADE MARK LICENSING UPDATES
Vespa Drives in to Footwear
Piaggio, the manufacturer of Italian scooter brand Vespa is making its way into the fashion and lifestyle space by signing a licensing agreement with the Swiss shoe specialist BREX. The Fall/Winter 2017 collection of footwear will be launched with influential retailers in London, Paris, Milan, Barcelona and Prague, before extending globally. The range will feature a variety of colors, as well as Vespa’s distinctive round flanks from its scooters on each side of the shoes.
GEOGRAPHICAL INDICATION UPDATES
GAMOSA to be applied for Geographical Indication Registration
Gamosa, Assam’s traditional multi-purpose towel that symbolizes the life and culture of Assam is soon going to be attempted for GI registration. Gamosa is a white rectangular piece of cloth with primarily a red border on three sides and red woven design on the fourth. The product is now facing a serious threat to its existence due to several vicious trade practices by textile factories outside the state. The state is expecting that the GI registration certificate would prevent plagiarism of the culturally significant Gamosa. The state Handloom and Textiles Directorate has initiated the process and has engaged the Patent Information Centre (PIC) of the government-run Assam Science Technology and Environment Council (ASTEC) to take the requisite steps for the same.
BananaIP Seminars and Events
Seminar on Building IP Frameworks in Companies
After the success of its program for inventors, The Strategic Inventor, BananaIP is now organizing a seminar for corporates on building IP frameworks. The objective of the seminar is to help companies build an IP strategy, structure its IP department, protect and manage IP efficiently, and leverage IP for business benefit. More information about the seminar is available at: https://www.bananaip.com/building-intellectual-property-framework-organization/
BananaIP TIP OF THE WEEK
Trade Mark Portfolio Development
Developing a trade mark portfolio goes a long way in helping a company protect its brands and stop competitors from using its trade/business representations. In order to maximize trade mark value, a company must plan and build its trade mark portfolio in an organized manner, and must endeavour to achieve trade mark fame for its important 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]