Apple iPad vs Xiaomi Mi Pad, Amy Schumer Trade Mark, Verizon Trade Mark Infringement, Jaradalu Mango GI and other Weekly Trade Mark News
“Indian Trade Mark Statistics for December ( Second Week) 2017, Apple vs Xiaomi, King Digital Jewellery, Jaradalu Mango GI and more Weekly Trade Mark News” brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
‘It is easily overlooked that what is now called vintage was once brand new’ – Tony Visconti
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office has picked up its pace as compared to the previous week. The total number of applications examined by the Trade Mark Registry has increased by fifty percent (50%). There has also been an increase in the total number of hearing notices issued with an increase of five hundred and forty five percent (545%).
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||4654||7025||An increase of 50%|
|Total Applications Disposed through Show Cause Hearings||3084||5388||An increase of 74%|
|Total Applications Published in the Trade Mark Journal||7514||5985||A decrease of 20%|
|Total Registrations Granted||3221||5371||An increase of 66%|
|Total Hearing Notices Issued||2241||14458||An increase of 545%|
|Total Renewals Notices Issued||2173||2478||An increase of 14%|
Trade Mark Statistics by Office
Total Number of New Applications Received from December 5th, 2017 to December 12th, 2017
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2017 to December 12th, 2017
- Total Number of Trade Mark Applications Filed – 239068
- Total Number of Trade Mark Applications Examined – 270059
- Total Number of Trade Mark Applications Published – 140436
- Total Number of Trade Mark Applications Registered – 286017
INTERESTING TRADE MARKS
Amy Schumer Files for her Name
Amy Schumer, a stand-up comedian, and actress, has filed new trade mark applications to register her name ‘Amy Schumer’. The mark has been applied for in two classes, class 25 for sweat shirts and T-shirts and, class 41 for entertainment services. The application has been filed by Muffin Schumer, a holding company in the name of the actress.
INDIAN TRADE MARK UPDATES
Verizon Trademark Services LLC & Ors v. Mr. Parth Solanki & Anr
Subject- Trade Mark Infringement, Trade Mark Dilution
Brief Facts-The plaintiff, Verizon Trademark Services is an IP holding company of Verizon Communications, a multinational telecommunication company, which is a registered proprietor of the mark ‘Verizon’ amongst other trade marks and has been using the mark since March, 2000. The defendants have been using the mark Varizon, Varizon Tech, and www.varizontech.com, which is confusingly similar to the mark of the plaintiff. The plaintiff have filed the suit with the Delhi High Court seeking a permanent injunction restraining the defendants from using the plaintiff’s trade mark without authorized permission as well as dilution of the plaintiff’s well known trade mark.
Judgment– The court passed an ex-parte order against the defendant as the defendant was not present. The court, therefore issued a decree of permanent injunction restraining the defendants from using the mark ‘Verizon’. However, on the issue of quantum of damages, the court refused to grant the same as sufficient evidence was not submitted by the plaintiff. Also, with regard to the question of granting the plaintiff’s status as well known, the court refused to deal with the issue.
Deregistering Your Trademark is now a New Tax Saving Strategy
A new strategy adopted by packed food producers pan India is to give up their trade marks to avoid a 5% GST applicable on branded packaged food products. This strategy has come into play following the order issued by the GST Council stating that “any brand registered as on 15 May 2017 under the Trademarks Act or Copyright Act, or under a similar law in any other country shall be deemed to be a registered brand for the purposes of levy of 5 per cent GST, irrespective of whether or not such brand is subsequently deregistered”. However, with the arrival of unbranded food products in the market, branded producers fear losing out to inferior producers and maintenance of brand loyalty.
INTERNATIONAL TRADE MARK UPDATES
Apple Wins in Legal Battle against Xiaomi
Apple Inc, the multinational technology company has won the trade mark battle against Xiaomi against the mark ‘Mi Pad’. The General Court, a constituent court of the Court of Justice of the European Union, has ruled in favor of Apple, stating that the mark ‘Mi Pad’ is confusingly similar to Apple’s mark ‘iPad’. The court held that “The dissimilarity between the signs at issue, resulting from the presence of the additional letter ‘m’ at the beginning of “Mi Pad“, is not sufficient to offset the high degree of visual and phonetic similarity between the two signs”. The Chinese electronic company had applied for the mark ‘Mi Pad’ in 2014. Xiaomi has the option to file an appeal for the same.
TRADE MARK LICENSING UPDATES
King Digital Launches New Jewellery
King Digital Entertainment Plc., developer of the popular games, Candy Crush Saga and Candy Crush Soda Saga, has collaborated with designer Mrinalini Chandra to launch a new range of jewellery. The agreement is being facilitated by Dream Theatre, King’s licensing agent in South Asia. The range comprises of 2D and 3D versions of candy shaped jewellery.
GEOGRAPHICAL INDICATION UPDATES
Jaradalu Mango Takes a Positive Step
Jaradalu mango, a delicacy of Bihar, has taken one step closer to attaining the Geographical Indication tag, as it is has been advertised as accepted by the GI Registry. The application has been filed by Bhagalpuri Jardalu Aam Utpadak Sangh, and is facilitated by the Bihar Agricultural University bearing application No. 551 under class 31. The mango is known for its special light yellow skin.
BananaIP TIP OF THE WEEK
Counterfeiting is a common plague that recognized and in demand brands face. Organizations should adopt a proactive strategy to register trade marks, monitor infringement, and take legal action to protect, nurture and build a strong brand.
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]