“Indian Trade Mark Statistics for November (Second Week) 2017, Nokia Trade Mark Infringement, Tinkle Launches Merchandise, Virat Kohli Launches Sleepwear Collection, Durgi Stone Carvings GI and more,” brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
“A brand for a company is like a reputation for a person. You earn reputation by trying to do hard things well” -Jeff Bezos
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office has been slow in comparison to the previous week. The total number of applications published in the trade mark journal has decreased by twenty-four percent (24%). There has also been a decrease in the total number of renewal notices issued with a decrease of sixty-nine percent (69%).
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||7610||8568||An increase of 12 %|
|Total Applications Disposed through Show Cause Hearings||3037||3145||An increase of 3.5%|
|Total Applications Published in the Trade Mark Journal||11525||8654||A decrease of 24%|
|Total Registrations Granted||9279||3512||A decrease of 62%|
|Total Hearing Notices Issued||17886||12510||A decrease of 30%|
|Total Renewals Notices Issued||5185||1602||A decrease of 69%|
Trade Mark Statistics by Office
Total Number of New Applications Received from November 7th, 2017 to November 13th, 2017
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2017 to November 13th, 2017
- Total Number of Trade Mark Applications Filed – 216087
- Total Number of Trade Mark Applications Examined – 145671
- Total Number of Trade Mark Applications Published – 146987
- Total Number of Trade Mark Applications Registered – 269005
INTERESTING TRADE MARKS
Kanye West- YEEZY SOUND
Kanye West, the American rapper has filed new trademark applications for the mark ‘YEEZY SOUND’. The mark has been applied for in four different classes, 09, 35, 38 and 41. The mark has been applied for by Mascotte Holdings, Inc. which is a holding company of Kanye West. The singer has earlier applied for the mark ‘YEEZY’ under class 25 which is primarily for clothing.
INDIAN TRADE MARK UPDATES
Nokia Corporation & Ors (Plaintiff) vs. Movieexpress & Ors (Defendants)
Subject – Trade Mark Infringement
Brief Facts – The Plaintiff, a multinational communication, information technology and consumer electronics company has coined and adopted the mark NOKIA in 1865. The Plaintiff is a registered proprietor of the mark NOKIA in various classes including class 41 bearing application number 1237567 which extends to entertainment services. In 2011, the Defendants had approached the Plaintiff for in-film branding in a Telugu movie for which the former had declined. The Plaintiff was later informed about Defendants’ press release of the Telugu movie, ‘Mr. Nokia’. Further, the Plaintiff filed a suit and an ad interim injunction was issued by the court. The Defendants then later changed the movie title to Mr. NOOKAYYA and released the movie. The suit was filed before the Delhi High Court seeking relief for trade mark infringement against the Defendants’ use of the title ‘Mr. NOKIA’ or any other mark similar to that of the Plaintiff.
Judgment: The Court held that the act of the Defendants in using a similar mark Mr. NOOKAYYA and releasing the movie despite the court’s interim stay on its release is deplorable and illegal amounting to the violation of the intellectual property rights of the Plaintiff. The Court has issued a decree of permanent injunction restraining the Defendants from publishing or airing the movie or content carrying expression which is deceptively similar to the mark ‘NOKIA’. The Court also awarded a sum of Rs 5 lakh as monetary damages to the Plaintiff.
INTERNATIONAL TRADE MARK UPDATES
Samsung Files for Couphone
Samsung Electronics Co., Ltd, the Korean multi-tech company has filed a new trade mark application for the mark ‘Couphone’. The mark has been applied with the EUIPO under class 9 with the trade mark number 017443235 with the description ‘cellular phones; tablet computers; batteries; electric battery chargers; communications cables; headsets; ear phones; battery chargers; leather cases for cellular phones; leather cases for tablet computers; flip covers for cellular phones; flip covers for tablet computers; computer stylus; docking stations; hands-free kits for telephones; tablet docking stations; docking stations for mobile phones; protective films adapted for smartphones; protective films adapted for computer screens’.
London Taxi Company Loses Trade Mark Battle
London Electric Vehicle Company Ltd. (LEVC), formerly known as the London Taxi Company, has lost the appeal to trade mark the shape of its black cabs. The hackney carriage manufacturer had applied to trade mark its iconic black cabs. The company had filed a trade mark infringement suit against Frazer-Nash, alleging that they were copying its cab design. The Court of Appeals upheld the High Court’s decision and reiterated that the trade mark lacks ‘distinctive character’ and is not a ‘valid trade mark’. LEVC may go for a further appeal.
TRADE MARK LICENSING UPDATES
Virat Kohli to Launch Men’s Sleepwear Collection
Virat Kohli, the Indian cricketer has entered into a brand licensing agreement with Kolkata based Lux-Industries for launching a premium range of innerwear collection under the brand name ‘One8’. Artimas Fashion, a wholly owned subsidiary of Lux Industries will be engaged in manufacturing and marketing One8 branded premium socks, innerwear and sleepwear.
Tinkle Launches New Merchandise
Amar Chitra Katha (ACK Media), the publisher of the comic brand Tinkle has launched a new line of retail merchandise to celebrate its 37th anniversary in association with Planet Superheroes and Eco Corner. The merchandise features some of the iconic characters of the comic book such as Suppandi, Shikari Shambu, Tantri the Mantri and others in tote bags, t-shirts, mobile cases, sippers and more. Tinkle merchandise is available at all Planet Superhero stores, Eco Corner outlets and on online mediums such as Amazon.in, Scootsy.com as well as on Amarchitrakatha.com.
GEOGRAPHICAL INDICATION UPDATES
Andhra’s Durgi Stone Carvings Gets Geographical Indication (GI) Registration
Durgi Stone Carvings in Guntur District from Andhra Pradesh obtains GI registration in class 19 for hand crafted stone carving products. Durgi Stone carvings are specialized stone cravings carved from soft lime stones. The stone is whitish gray in color and unique to this region. The application was filed by Andhra Pradesh Handicrafts Development Corporation Limited in 2014.
BananaIP TIP OF THE WEEK
Common words or phrases such as Apple cannot be registered as a trademark unless it can be demonstrated that the term for which registration is being sought has acquired secondary meaning. When consumers have come to associate a product/service with a particular mark, secondary meaning has been established.
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]