Rasgulla GI, Fevikwik Trade Mark case, Game of Thrones Merchandize, Ferrari Trade Mark loss, Empire State Building Trade Mark, Indian Medical Association and Trade Marks and more
Indian Trade Mark Statistics for August, 2017 (Second Week), Empire State Building Files Trade Mark for ‘World’s most famous building’, Fevikwik Trade Mark Infringement Suit, Indian Medical Association (IMA) files for new trade mark, Game of Thrones (GOT) official merchandize available in India, 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 productivity of the Indian Trade Mark Office has been significantly less compared to the previous week’s status. The total number of applications examined decreased by twenty-two percent (22%). The total number of applications disposed through hearings decreased by thirty-five percent (35%). However, it is noteworthy that the number of registrations granted has increased by fifty-seven percent (57%).
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark applications examined by Trade Mark Office||9153||7092||A decrease of 22.5%|
|Total applications disposed through show cause hearings||1252||806||A decrease of 35%|
|Total applications published in the Trade Mark journal||8724||7991||A decrease of 8.4%|
|Total registrations granted||4868||7684||An increase of 57 %|
|Total hearing notices issued||1490||1926||An increase of 29%|
|Total renewal notices issued||16438||3567||A decrease of 78%|
|Si.No.||Name of Office||Publication|
INTERESTING TRADE MARKS
Empire State Building- WORLD’S MOST FAMOUS BUILDING Trade Mark
ESRT Empire State Building, L.L.C., a legal entity who owns the Empire State Building, has recently filed a trade mark application for the phrase ‘WORLD’S MOST FAMOUS BUILDING’ under seven classes, ranging from Real Estate services, providing facilities for film and photograph production, to providing facilities for wedding ceremonies. The Application was filed on 3rd March, 2017 and bears the number 87357226. The entity had previously applied for 13 trade mark applications, with one of the applications being for the phrase ‘THE WORLD’S MOST FAMOUS OFFICE BUILDING’. Registration has been granted for the same bearing application number 77481507.
INDIAN TRADE MARK UPDATES
Pidilite Industries Limited vs Poma-Ex Products and Ors
Pidilite Industries Limited, an adhesives manufacturing company, filed a trade mark infringement suit before the Bombay HC for restraining the Defendants from manufacturing, importing, selling, advertising, offering to sell or dealing in any products bearing the mark ‘KWIKHEAL’ or any mark which is identical or similar to the Plaintiff’s registered trade mark ‘FEVIKWIK’. In the suit it is stated that the Defendants have adopted an identical packaging and the mark ‘KWIKHEAL’ is written in an identical font and red lettering as that of FEVIKWIK. Further, it is stated that the words ‘one drop instant adhesive’ at the bottom of the word KWIKHEAL is also identical. Plaintiff argued that the infringing mark is causing loss to the goodwill and reputation of Plaintiff’s business and diluting the distinctiveness of the registered trade mark. On hearing the arguments and perusing the evidence, the Court held that the mark ‘KWIKHEAL’ used by the defendant is prima facie deceptive and misleading, and opined that the identical packaging had been adopted to ride on the reputation of the Plaintiff. The Court further held that the overall structural and phonetic similarity between the two products is likely to cause confusion in the minds of the public as the word ‘Kwik’ is a dominant part of the trade mark of the Plaintiff’s ‘FEVIKWIK’. The Court has issued a permanent injunction in favor of the Plaintiff based on the aforesaid reasoning.
IMA Files for New Trade Mark
There is speculation that the Indian Medical Association (IMA), a voluntary organization of Doctors of Modern Scientific System of Medicine has filed for a new trade mark under the Indian Trade Marks Registry. The new logo is a red cross with the word ‘Dr’ written in the middle. The mark is said to have been filed to differentiate between allopathic practitioners and traditional practitioners. IMA has previously applied for two Trade Marks -‘IMA’ and ‘Indian Medical Association’, both of which have been granted registrations.
INTERNATIONAL TRADE MARK UPDATES
Ferrari Loses Valuable Trade Mark
Ferrari N.V., the Italian automobile manufacturer, has lost the exclusive right over its trade mark ‘Testarossa’ in Germany. The decision was delivered by the Dusseldorf District Court in the lawsuit filed by Autec AG, a German toy company. Autec AG had sued Ferrari over the mark ‘Ferrari Testarossa’, as it has not been used officially since 1996. The Court concluded that since the mark has not been sufficiently used by Ferrari for over two decades, the sports car company no longer has exclusive rights and cannot prevent others from using it. The aggrieved party is likely to file for an appeal against the judgement.
New Trump Trade Marks
DTTM Operations LLC, has applied for four new trade mark applications under the Trump brand in Macau. DTTM Operations is a Trump affiliated company. The applications have been principally filed under services for hotels, restaurants, bars and conference facilities, real estate services as well as for gambling and casino services, and providing casino facilities. Trump has earlier filed more than 100 trade mark applications in China under various classes.
TRADE MARK LICENSING UPDATES
Game of Thrones Official Merchandize in Stores Now
Game of Thrones, the popular HBO sitcom has signed an exclusive licensing agreement with the brand licensing partner Black White Orange Brands (BWO) to sell its official merchandise in India. The agreement provides BWO with the exclusive merchandising rights to sell a variety of products including apparel for men and women, badges, tote bags, coasters, figurines, shot glasses and posters. BWO has partnered with e-commerce giants like Redwolf, Myntra and The Entertainment Store for distributing and selling the merchandize.
GEOGRAPHICAL INDICATION UPDATES
Odisha Government Decides to File Geographical Indication Application for Rasgulla
Odisha Government has approached the Central Tool Room and Training Centre (CTTC), an autonomous body under the Ministry of MSME, Government of India, for filing Geographical Indication (GI) application for Odisha’s popular sweet, Rasgulla. It is stated that at Pahala, a small village along NH-16 at the outskirts of Bhubaneswar, about 1500 sweet makers are engaged in preparing and selling Rasgulla. Odisha and West Bengal governments are in disagreement as both the states are looking to acquire GI registration for the popular sweet. West Bengal has already filed a GI application for “Banglar Rasgulla” in 2015.
BIP Trade Mark TIP OF THE WEEK
Use Your Trade Mark to Keep it Alive
A trade mark is valid only if it is consistently and continuously used. Not using the trade mark as a trade mark can result in loss of trade mark rights and cancellation of the registered trade mark.
You must use and keep using your trade mark to keep your trade mark rights alive and build value in the mark.
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].