The Rock’s Trade Mark Filings, Apple’s Animoji Trade Mark infringement, SINGER Trade Mark infringement suit, Golmaal Again merchandise, DIPP’s logo and tagline contest and more.
“Indian Trade Mark Statistics for October (Fourth Week) 2017, SINGER Trade Mark infringement, DIPP introduces logo and tagline contest for GI, Reliance Entertainment launches Golmaal Again merchandise, and more,” brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
‘Within every brand is a product, but not every product is a brand’
— David Ogilvy
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office has been considerably active compared to the previous week. The total number of applications examined decreased by forty three percent (43%). The total number of hearing notices issued have increased by nineteen percent (19%). Moreover, the total number of renewal notices issued increased by Five hundred and forty eight (548%).
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||7470||4254||A decrease of 43 %|
|Total Applications Disposed through Show Cause Hearings||998||1016||An increase of 1.8%|
|Total Applications Published in the Trade Mark Journal||15010||9365||A decrease of 37%|
|Total Registrations Granted||7167||7867||An increase of 9.7 %|
|Total Hearing Notices Issued||5037||6043||An increase of 19 %|
|Total Renewal Notices Issued||2762||17916||An increase of 548 %|
Trade Mark Statistics by Office
Total Number of New Applications Received from October 17th, 2017 to October 24th, 2017
|Sr. No.||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2017 to October 24th, 2017
- Total Number of Trade Mark Applications Filed – 252966
- Total Number of Trade Mark Applications Examined – 202667
- Total Number of Trade Mark Applications Published – 143429
- Total Number of Trade Mark Applications Registered – 252966
INTERESTING TRADE MARKS
The Rock Trade Mark Filing
Dwayne Douglas Johnson, popularly known by his stage name ‘The Rock’ has applied for a new trade mark application for the mark ‘Dwanta Claus’. The mark has been filed under several classes which include Classes 41, 28, 25, 16 and 09 with US Serial number 87643816. The mark has been filed by DJIP LLC, the same entity which filed the application for the mark ‘DWAYNE JOHNSON‘. The mark has been filed on an intent to use basis.
INDIAN TRADE MARK UPDATES
The Singer Company Limited (Plaintiff) vs. Ms. Anshu Singh (Defendant(s)
Subject – Trade Mark Infringement
Brief Facts – The Plaintiff, a leading manufacturer and merchant of household appliances including sewing machines, vacuum cleaners, mixer grinders, etc. has approximately 1500 trade mark registrations for the mark SINGER in India as well as abroad. In India, the Plaintiff’s mark SINGER has been used since 1870 and the earliest registration for the said mark dates back to the year 1942 in Class 7. The Plaintiff has a wide network of 40 showrooms and over 600 dealers pan-India. The Defendant, who used to be an authorized dealer of the Plaintiff, opened a shop using the name SINGER AGENCIES both as a business name and retail shop for the sale of sewing machines after the termination of the dealer relationship. The Plaintiff served a cease and desist notice in October, 2016. However, no response was received from the Defendant. The Plaintiff, therefore filed a suit before the Delhi High Court seeking relief for trade mark infringement stating that the Defendant’s use of the mark SINGER AGENCIES is confusingly and deceptively similar to that of the Plaintiff’s mark.
Judgment: The Court held that the act of the Defendant in using the Plaintiff’s registered trade mark SINGER as a trade/business name with respect to her retail shop for the sale of sewing machines clearly amounts to infringement under Section 29(1) of the Trade Marks Act, 1999 as the Defendant is not a permitted user of the Plaintiffs’ registered mark SINGER. The Court passed the following orders:
- A decree of permanent injunction restraining the Defendants from using the trade mark SINGER Agencies or any other mark similar to that of the Plaintiff; and
- An order asking the Defendant to voluntarily withdraw/cancel all the trade mark applications filed for any mark similar to that of the Plaintiff.
INTERNATIONAL TRADE MARK UPDATES
Apple in Legal Trouble over Animoji
Emonster, a Japanese software development and consulting company, has filed a trade mark infringement suit against Apple Inc., over the use of the mark ‘Animoji’. The suit has been filed in the federal court in San Francisco. The Tokyo based Emonster has alleged that Apple has been unlawfully using the mark ‘Animoji’ for facial recognition in their latest phone, iPhone X, and that they are the registered proprietors of the same. Apple is yet to respond to the suit.
H&M in Legal Battle with Classixx
Classixx, an American record production and DJ duo, founded by Michael David and Tyler Blake, have filed a trademark infringement suit against the retail giant H&M Hennes & Mauritz AB. The LA based music duo have filed the suit in the Central District of California claiming that H&M has been selling unlicensed clothing bearing the band’s name without the band’s permission. Classixx had earlier sent a cease and desist notice regarding the same. H&M is yet to respond to the suit.
TRADE MARK LICENSING UPDATES
Reliance Entertainment Launches Golmaal Again Merchandize in India
‘Reliance Entertainment, the media and entertainment arm of Reliance Group, has ventured into the licensing and merchandising arena by launching ‘Golmaal Again’ merchandise across hundreds of toy stores in India. The merchandise range includes toys such as remote-control cars, pull back cars and transforming robots. The merchandise is also being made available online on all major e-commerce portals like Amazon, Flipkart & First Cry and in retail chains such as Crossword, Central and Toonz stores across India.
GEOGRAPHICAL INDICATION UPDATES
Department of Industrial Policy and Promotion (DIPP) Introduces Logo Contest for Geographical Indication (GI)
The Cell for IPR Promotions and Management (CIPAM) under the aegis of the DIPP has introduced a contest for creating a logo and slogan/tagline for GIs on the MyGov.in website. The mission of the contest is to increase awareness about GIs. The DIPP aims to launch a certifying GI logo that can be used to identify all registered GIs irrespective of the categories, and a suitable tagline for promoting them.
The last date for entries is November 17th, 2017. The winning entry will receive a cash award of Rs. 50,000 each, for logo and slogan.
GENERAL NEWS AND UPDATES
Crowd Funding Non-Profit Initiative to Eradicate Corneal Blindness
VisionMate Foundation, an NGO has come up with an initiative that aims at Automating the Eye Donation Campaigning process. The platform to campaign for the initiative has been launched through a web application platform where volunteers or campaigners are invited to register and/or donate to fund or campaign for eye donations among their social and professional network. You may click here to read more – https://www.visionmate.org
BananaIP’s Trade Mark TIP OF THE WEEK
Names and Trade Marks
Name of a person can assume the status of a trade mark if the person is well known, or if the name is used with goods/services and acquires consumer association. A name that acquires trade mark status may be registered in order to prevent trade mark infringement/passing off easily.
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]