Weekly Trade Mark News: Disney-Donald Duck Trade Mark, Pepsi Footwear, Kevin Spacey Trade Mark, Etikoppaka Toys GI and more.
“Indian Trade Mark Statistics for November (First Week) 2017, Disney-Donald Duck, Pepsi Inks Licensing Deal for Footwear in India, Moomins Apparel Licensing and more,” brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
“It does not really matter if you are a brand or a person, what really counts is telling a valuable story” — Davide Scialpi
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office has been considerably active compared to the previous week. The total number of applications examined has increased by four percent (4%). The total number of hearing notices issued have increased by hundred and fourteen percent (114%). There has also been a tremendous increase in the total number of renewal notices issued with a change of one hundred and fifty-six percent (156%).
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||7308||7610||An increase of 4 %|
|Total Applications Disposed through Show Cause Hearings||1414||3037||An increase of 114%|
|Total Applications Published in the Trade Mark Journal||5394||11525||An increase of 113%|
|Total Registrations Granted||8359||9279||An increase of 11 %|
|Total Hearing Notices Issued||9792||17886||An increase of 82 %|
|Total Renewals Notices Issued||2022||5185||An increase of 156 %|
Trade Mark Statistics by Office
Total Number of New Applications Received from October 31st,2017 to November 7th, 2017
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2017 to November 7th, 2017
- Total Number of Trade Mark Applications Filed – 266780
- Total Number of Trade Mark Applications Examined – 145671
- Total Number of Trade Mark Applications Published – 130157
- Total Number of Trade Mark Applications Registered – 266780
INTERESTING TRADE MARKS
Disney Enterprises Inc. has filed trade mark applications for their world-famous cartoon character ‘Donald Duck’. The mark has been applied in four different classes which include classes 16, 21, 24 and 28. Disney has filed more than 5000 applications with the USPTO to protect its many characters.
INDIAN TRADE MARK UPDATES
M/S Orient Ceramics (Plaintiff) vs. Ms. Square Ceramic Private Ltd & Ors (Defendants)
Subject – Trade Mark Infringement
Brief Facts – The Plaintiff is engaged in manufacturing and sale of ceramic and vitrified tiles under the trade name ‘ORIENT TILES’ since 1982 and the said mark has been registered in class 19. It was brought to Plaintiff’s attention that the Defendants have applied for a deceptively similar trade mark ‘ORIENTO TILES’ for a similar business. The Plaintiff, therefore, filed a suit before the Delhi High Court seeking relief for trade mark infringement against the Defendants’ use of the mark ‘ORIENTO’.
Judgment: The Court held that the suffix of the word ‘O’ after the word ORIENT is certainly of no significance and Defendants’ adoption of the deceptively similar mark will lead to confusion in the minds of the public. The Court, therefore, passed the following orders:
- A decree of permanent injunction restraining the Defendants from using the deceptively similar mark ‘ORIENTO’ or any other mark similar to the Plaintiff’s registered trade mark;
- Defendants are directed to destroy all the copies of the promotional and advertising material for the purpose of erasure of deceptively similar mark ‘ORIENTO’;
- Monetary damages of INR 10 lac to be paid to the Plaintiff
INTERNATIONAL TRADE MARK UPDATES
Kevin Spacey Files New Trade Mark Application
Kevin Spacey, a well-known American actor, and producer who was recently fired from the TV series “House of Cards”, have filed new applications with the USPTO for the term ‘PRESIDENTIAL BY KEVIN SPACEY’. The term was likely derived by the actor from the hit TV series in which he plays a US politician. The mark has been applied for under 16 different classes ranging from eyewear to hotel services. The applications have been filed by Dovetail Ventures, LLC, who also filed for the mark ‘KEVIN SPACEY’.
TRADE MARK LICENSING UPDATES
PEPSI Inks Licensing Deal for Footwear
PepsiCo, Inc., an American multinational food, snack, and beverage corporation has entered into a licensing agreement with DVB Brands to launch a collection of lifestyle based sports footwear in India. Further details of the licensing deal are yet to be announced. The product range will be available at e-commerce sites like Myntra.
Moomin Signs Apparel License in UK
Moomin Brand has signed license deals with Smith & Brooks and Roy Lowe & Sons for an apparel collection. Moomins are the famed central characters in a series of books and comic strips created by the late Finnish author Tove Jansson. Smith & Brooks will produce a range of baby wear, nursery wear and girls’ apparel which includes girls’ t-shirts, sweatshirts, leggings, and hats. Whereas, Roy Lowe & Sons will launch a collection of girls’ and women’s socks.
GEOGRAPHICAL INDICATION UPDATES
Etikoppaka Toys Gets Geographical Indication (GI) Registration
Etikoppaka toys from Andhra Pradesh, popularly known as Lakkapidathalu obtains GI registration in class 20 for the toys category. The toys are made of wood and painted with natural dyes and do not consist any heavy metal or toxic content making it a unique product made of natural materials.
BananaIP TIP OF THE WEEK
A company registration is not the same as a trade mark registration. Both have a unique search process to determine the availability of a name and are independent of each other. Just because a company is registered does not mean the company’s name will be available as a trade mark. Ensure to run a professional trade mark search to check for the availability of the mark prior to registration.
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]