Indian Trade Mark Statistics for September 2017 (First Week), Rashad Jennings Files Trade Mark for his Signature, Nokia Trade Mark Infringement, Hasbro and DC Comics in a Legal Battle over Bumblebee, TI Cycles to Bring Schwinn Brand of Children’s Bicycles to India, 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 high compared to the previous week’s status. The total number of applications disposed through show cause hearings increased by seven percent (7%). The number of registrations granted has increased by forty five percent (45%). The total number of hearing notices issued has also increased by one hundred and forty five percent (145%)
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||7258||6988||A decrease of 3%|
|Total Applications Disposed through Show Cause Hearings||892||961||An increase of 7 %|
|Total Applications Published in the Trade Mark Journal||13272||12092||A decrease of 8%|
|Total Registrations Granted||4589||6693||An increase of 45%|
|Total Hearing Notices Issued||1603||3935||An increase of 145 %|
|Total Renewal Notices Issued||1512||2689||An increase of 77%|
Total Number of New Applications Received from August 28.08.2017 to 01.09.2017
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Trademark Statistics from 01.01.2017 to 05.09.2015
- Total Number of Trademark Applications filed – 1,70,314
- Total Number of Trademark Applications Examined – 1,30,686
- Total Number of Trademark Applications Published – 1,32,200
- Total Number of Trademark Applications Registered – 2,10,642
INTERESTING TRADE MARKS
Rashad Jennings Files Trade Mark Application for his Signature
Rashad Andre Jennings, the NFL star has recently applied for a trade mark application for his signature with the USPTO bearing application number 87585745. The mark has been applied under Class 41 for entertainment services, namely, personal appearances by a sports celebrity; providing a website on a global computer network featuring information about appearances, accomplishments, exploits, and biography of a professional football player; fan club services; charitable services, namely, academic mentoring of inner city youth. Earlier, a registration was granted for a trade mark application filed by the well-known comedian Jay Leno for his signature.
INDIAN TRADE MARK UPDATES
Nokia Corporation (Plaintiff) vs. Manas Chandra (Defendant)
Subject- Trade Mark Infringement & Passing Off
Brief facts – Plaintiff is the registered trade mark owner of the mark ‘NOKIA’ since 1987 in various classes and is a well-known and world renowned trade mark. Defendant was found to be using similar mark BCP NOKIA and had applied for a trade mark in Class 2 for manufacturing goods such as paints, thinners, etc. When Plaintiff learned about the Defendant, it filed a case before the Delhi High Court.
Judgment: The Court opined that the Defendant’s adoption of the mark BCP NOKIA is dishonest and amounts to passing off and misrepresentation, and is identical to Plaintiff’s registered trade mark ‘NOKIA’. The court issued a permanent injunction restraining the Defendant from using the trademark.
INTERNATIONAL TRADE MARK UPDATES
Huawei Files for ‘Selfie Toning Flash’.
Huawei Technologies Co. Ltd., the Chinese multinational networking, and telecommunications giant has recently filed a trade mark application for the mark ‘Selfie Toning Flash’. The mark has been filed with the European Union Intellectual Property Office (EUIPO) under class 9.
Hasbro and DC Comics in Legal Battle over Bumblebee
Hasbro Inc. the American toy company has filed a trade mark infringement suit against DC Comics and Warner Bros over the mark ‘Bumblebee’. Hasbro claims that Bumblebee, a registered trade mark of the company for toy action figures, can be easily confused with DC’s version of Bumblebee, the character of a teenage girl with the ability to shrink. The toy company filed the suit to stop the sales of Bumblebee toys, stating, “… it may cause confusion, mistake and/or deception among the public as to the source of the goods”. The defendants are yet to respond to the legal action.
TRADE MARK LICENSING UPDATES
Schwinn Brand Children’s Bike Soon To Be Launched in India by TI Cycles
TI Cycles, a leading bicycle manufacturer in India, has entered into a brand licensing partnership with the US based Pacific Cycles, part of Dorel Industries Inc., for bringing Schwinn brand of Children’s bikes to India. This is the first brand licensing agreement for the Schwinn brand in India. The agreement has been signed for a period of 33 years. TI Cycles will unveil a complete portfolio of bicycles in early 2018 for children aged 4 to 11 years old.
GEOGRAPHICAL INDICATION UPDATES
Department of Industrial Policy and Promotion (DIPP) Launches Social Media Campaign To Promote Geographical Indications (GI)
The Cell for IPR Promotions and Management (CIPAM), a professional body under the aegis of DIPP, has launched a social media campaign named “#LetsTalkIP” to promote GIs in India. This ongoing initiative is to make people more aware about the importance of Intellectual Property Rights (IPRs). As part of the campaign, CIPAM will put interesting facts and stories related to GIs on its twitter handle “@CIPAM_India” and Facebook page “@CIPAMIndia” using “#LetsTalkIP” hashtag. The promotion of GIs is in line with the Government’s ‘Make in India’ campaign.
GI Application for Wooden Mask of Kushmani
A GI Application has been filed for the Wooden Mask of Kushmani bearing Application No. 566 as published in GI Journal dated 30.08.2017. The Application has been filed in Class 20 which relates to Handi Craft. Kushmani, a constituency in Dakshin Dinajpur district of West Bengal is popularly known for its wooden masks and is home to 250 artisans who are involved in the art of making wooden masks called as “Mukha”. Usually carved out of Gamari, Sal, Mango, Pakur and Mahgony, these masks are linked to the “Gomira” dance festival that is performed by various ethnic groups of South Dinajpur. Started in the 1990s, in order to unify the local artisans, this craft has now found its way to the annual State Handicrafts Fair and is also being exported to countries like USA.
BIP TIP OF THE WEEK
Trademarks Over Movie Titles
Titles of Movies are normally not protectable as trade marks unless they are related to a series, acquired distinctiveness, and/or are the subject of merchandizing activities. As most titles of films assume the status of trade marks after distribution of the films through several modes and means, and merchandizing activities are on the films, it is advisable to file and register trade marks with respect to movie titles.
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]