“Indian Trade Mark Statistics for September 2017 (Third Week), SYSKA Trade Mark Infringement, Hurricane Irma Trade Mark, UrWork in a Legal Battle with WeWork, Siroi Lily of Manipur for GI Registration and more,” brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
“Branding is not just about being seen as better than the competition. It’s about being seen as the only solution to your audience’s problem” – John Morgan
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 twenty-six percent (26%). The total number of applications published in the trade mark journal increased by one hundred and thirty-two percent (132%). However, the total number of registrations granted decreased by forty-one percent (41%).
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||6187||6549||An increase of 5%
|Total Applications Disposed Through Show Cause Hearings||888||1123||An increase of 26%
|Total Applications Published in the Trade Mark Journal||6337||14735||An increase of 132%|
|Total Registrations Granted||10092||5865||A decrease of 41 %|
|Total Hearing Notices Issued||1725||2171||An increase of 25%|
|Total Renewal Notices Issued||2713||2770||An increase of 2%|
Total Number of New Applications Received from September 09, 2017 to September 19, 2017
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Trademark Statistics from January 01, 2017 to September 19, 2017
- Total Number of Trade Mark Applications Filed – 179182
- Total Number of Trade Mark Applications Examined – 135135
- Total Number of Trade Mark Applications Published – 127491
- Total Number of Trade Mark Applications Registered – 220781
INTERESTING TRADE MARKS
Hurricane Irma Trade Mark Filings
Two new trade mark applications have been filed with the USPTO right after Hurricane Irma hit the United States. The first application has been filed by Eurie Bordenave for the mark ‘Hurricane Irma’ bearing application number 87602370 under Class 33 for alcoholic beverages. The second application has been filed for the mark ‘I Survived Hurricane Irma’ by Kaufman Edward J. 3rd bearing application number 87602412 under Class 40 for clothes, mainly T-shirts. Both the applications have been filed on an intent to use basis.
INDIAN TRADE MARK UPDATES
SHREE SANT KRIPA INTELLECTUAL & ANR (Plaintiff) vs. SYSKA MOBILE SEMI CONDUCTORS & ORS. (Defendants)
Subject- Trade Mark Infringement and Passing Off
Brief Facts – Plaintiff is the registered trade mark owner of the mark SYSKA, and is engaged in the business of LED light products, mobile phone accessories and other allied products since 2013. The Plaintiff has devised various marks such as ‘SYSKA’, ‘SYSKA LED light years ahead’, ‘SYSKA LED’ lounge ‘Syska Accessories’ etc. The Plaintiff learned that Defendants hosted a website under the domain name www.syskamobilecorporation.com and are using the Plaintiff’s SYSKA logo. Using the website, Defendants have been assuring employment in the Plaintiff’s company after charging a huge fee. Further, Defendants have also been printing t-shirts using Plaintiff’s trade mark SYSKA and its logo.
Noting the aforestated, the Plaintiff has filed a trade mark infringement case before the Delhi High Court seeking relief.
Judgment: The Court held that the Defendants’ blatant use of the Plaintiff’s name and logo without any explicit permission or license amounts to trade mark infringement. Therefore, the Court issued a permanent injunction restraining the Defendant from using the SYSKA trade mark and logo on its website and otherwise.
INTERNATIONAL TRADE MARK UPDATES
HTC Files for ‘Vive Focus’
HTC Corporation, the Taiwanese electronics company has recently filed new trade mark applications for the mark ‘Vive Focus’. The applications have been filed under the USPTO (United States Patent and Trademark Office) as well as EUIPO (European Union Intellectual Property Office). The mark has been filed under classes 9 for virtual reality game software and 28 which includes games and apparatus. Vive Focus is a standalone VR headset for the Daydream platform.
UrWork in a Legal Battle with WeWork
WeWork, the American start-up known for providing shared working spaces, has filed a trademark infringement suit against Urwork, a Chinese startup providing identical services in China. The suit has been filed by the US startup in the New York District Court, and alleges that the name UrWork is confusingly and deceptively similar to its registered trade mark WeWork and is likely to cause confusion amongst consumers. The suit has been filed as the Chinese startup is set to make its official launch in the US soon.
TRADE MARK LICENSING UPDATES
Simon Carter Partners with Aditya Birla Fashion to Enter Indian Market
British Menswear Designer Simon Carter announced its venture in the Indian market through an exclusive license agreement signed a year back with Aditya Birla Fashion and Retail Ltd. (ABFRL). The first set of 10 stores will open in Bengaluru, Chennai, Mumbai, Delhi, Hyderabad, Pune and Chandigarh over the next few months. Simon Carter’s product range comprises of suits, jackets, blazers, shirts, jewelry and accessories for men including bracelets, shoes, cufflinks and watches. The price for these products will range between INR 3,000 to 14,000.
GEOGRAPHICAL INDICATION UPDATES
Siroi Lily is the subject of a Geographical Indication (GI) Application
Department of Horticulture & Soil Conservation, Government of Manipur, on 19th September, 2017 has filed a GI application with the Geographical Indications Registry for “Siroi Lily” bearing Application Number 591 in Class 31. Siroi Lily, the state flower of Manipur is a rare Indian species of plant found only in the upper reaches of the Siroi hill ranges in Ukhrul District of Manipur.
BIP TIP OF THE WEEK
Registering Domain Names as Trade Marks
Domain Names can assume the status of trade marks when they act as identifiers of goods or services. Companies using domain names as trade marks must consider filing for trade mark registration of urls as an extra layer of protection. Such protection assumes high importance when a domain name is the primary representation of the business in activities such as e-commerce.
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 – firstname.lastname@example.org