Samsung Defeated its Counterfeit Products, Alibaba Unsuccessful in Stopping the ‘Alibabacoin’, Avengers Limited Edition T-shirts, Thomson Smart TVs to be Launched in India and other news
Indian Trade Mark Statistics for April (Fourth Week) 2018, Alibaba Unsuccessful in Stopping the ‘Alibababcoin’, The Roald Dahl Enters Preschool Sector, UP Grabs Two More GI Tags and more” brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
“Brand is the holistic sum of customers’ experience, composed of visual, tonal and behavioral brand components, many of which are shaped by interaction” –Kate Kaplan
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office has had an overall decrease in its productivity. The total number of applications disposed through show cause hearings has decreased by thirty five percent (35%). Similarly, the total number registrations granted has decreased by twenty four percent (24%). However, there has been an increase of sixty one percent (61%) in the total number of renewals notices issued.
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||8027||7905||A decrease of 1.5%|
|Total Applications Disposed through Show Cause Hearings||6022||3910||A decrease of 35%|
|Total Applications Published in the Trade Mark Journal||8085||9013||An increase of 11%|
|Total Registrations Granted||7921||5992||A decrease of 24%|
|Total Hearing Notices Issued||4363||1953||A decrease of 55%|
|Total Renewals Notices Issued||956||1546||An increase of 61%|
Trade Mark Statistics by Office
Total Number of New Applications Received from April 25th to May 2nd, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2018 to May 2nd , 2018
- Total Number of Trade Mark Applications Filed – 101422
- Total Number of Trade Mark Applications Examined – 90816
- Total Number of Trade Mark Applications Published – 138389
- Total Number of Trade Mark Applications Registered – 108537
INTERESTING TRADE MARK
DJ Khaled’s Son Becomes His Own Brand Name
DJ Khaled, a popular American record producer has applied to trade mark his 18-month old son’s name ‘ASAHD TUCK KHALED’. The applications have been filed for a plethora of different products including but not limited to perfumes, cosmetics, children toys and accessories. DJ Khaled by way of protecting his son’s brand name intends to enter into the merchandizing business in the near future.
INDIAN TRADE MARK UPDATES
Samsung Electronics Company Ltd. & Anr (Plaintiffs) v. Shahjahan Trading as M/s. S.S Enterprises and Ors (Defendants)
The present suit was filed by the Plaintiffs for restraining Defendants against infringement of trade marks, passing off, unfair competition, and dilution of the trade marks. The Plaintiff, a leading manufacturer and provider of high-tech consumer electronics and telecommunication products in India, is the registered proprietor of the well-known trade-marks “SAMSUNG”, “SAMSUNG DEVICE” “SAMSUNG GALAXY” and “SAMSUNG GALAXY TAB”.
In 2015, the Plaintiff found out that several vendors in Chennai were engaged in manufacturing, selling and importing mobile phones, tablets and mobile accessories using the Plaintiffs’ registered trade marks. Upon conducting a market survey through an independent investigator, it was further revealed that some vendors were engaged in manufacturing, importing and/or sale of counterfeit products and also selling products in the name of SAMTEL, SMTEL, CALAYX, SAMOSANG which are virtually identical and confusingly similar to the Plaintiffs’ trade marks thereby causing immense loss and injury to the Plaintiffs.
The Court opined that the Defendants had no real prospect of defending the claims as few Defendants did not make appearance and few did not file written statements or denied the documents of the Plaintiff’s. The Court, therefore, issued a decree in favour of the Plaintiffs.
INTERNATIONAL TRADE MARK UPDATES
In-N-Out Burger in a Legal Battle
In-N-Out Burger, a popular American fast food chain, has filed a trade mark infringement suit before the Federal Court in Australia against Down and Out, an Australian burger restaurant. The American food chain has claimed that the Australian restaurant has infringed on its trade mark as well as ‘misled customers into believing In-N-Out had given its endorsement, approval, license, authority or sponsorship to the Australian restaurant. The Australian burger chain has refuted the claims. The Court has given time to In-N-Out Burger till June to produce evidence to support its claim. It is interesting to note here that the American company has filed a suit even though they are not operating in Australia.
Alibaba Unsuccessful in Stopping ‘Alibabacoin’
Alibaba, the Chinese e-commerce platform has been unsuccessful at securing preliminary injunction against Alibabacoin Foundation, the Dubai cryptocurrency company. US District Court of New York refused to grant the injunction to restrain the cryptocurrency company from using the name ‘Alibaba’. The Court rejected Alibaba’s suit because the former failed to show it had jurisdiction and also could not establish that Alibabacoin’s website had an effect on its customers in New York. Earlier this April, the e-commerce giant had accused Alibabacoin Foundation for unlawfully using the former’s renowned brand name.
TRADE MARK LICENSING UPDATES
Shout out to Avengers Fans: Limited Edition T-Shirts
Marvel Entertainment, an American entertainment company has partnered with Jack & Jones, a clothing brand, to launch a limited edition collection featuring variety of graphic T-shirts. The collection is available across Jack & Jones stores in India and through its online website.
The Roald Dahl Story Company to Enter the Pre-School Sector
The Roald Dahl Story Company is all set to introduce Roald Dahl’s stories and characters to preschool audience for the first time. This licensing and publishing programme will include a foray into books, puzzles, memory card game, pajamas, etc…
Thomson Enters into License with Super Plastronics
The French Company Thomson owned by Technicolour SA has entered into a licensing agreement with Super Plastronics Pvt Ltd (SPPL) launching smart TVs. The move was taken to develop Thomson’s presence in India. With the launch, SPPL hopes to capture 6 to 7 per cent of the total TV market share in India.
GEOGRAPHICAL INDICATION UPDATES
UP Grabs Two More GI
Uttar Pradesh has emerged as a hub for geographical indications by recently adding two more GIs to its bag. Varanasi soft stone jali work and Ghazipur jute wall hanging have recently been granted GI registration. The former was applied by Banaras Handicraft Development Society, facilitated by Banaras Handicraft Development Industrial Cooperative Society Limited while the applicant for the latter is Nisha Craft Vikas Samiti. Both the GI’s have been facilitated by Human Welfare Association. The most popular product are the undercut elephant carvings. Similarly, the Ghazipur jute wall hanging is popular for its golden fiber jute yarn and fabric.
BANANAIP TIP OF THE WEEK
A trade mark may be registered even if there is a same or similar existing trade mark with prior rights if the proprietor of the existing trade mark consents to the 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]