Skoda India-Monte Carlo Trade Mark, TATA Trade Mark Infringement Suit, Comic Con brings Archie to India and more.
“Indian Trade Mark Statistics for October (Third Week) 2017, TATA Trade Mark Infringement, Comic Con brings Archie Comics to India, Skoda India restrained from using Monte Carlo, Mahabalipuram Stone Sculpture GI and more,” brought to you by Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
“In order for a brand to be truly successful, it has to be known to anticipate need.” – Steve Jobs
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office has been considerably active compared to the previous week. The total number of applications examined increased by thirty-eight percent (38%). The total number of applications published in the trade mark journal increased by seventy-four percent (74%). Moreover, the total number of renewal notices issued increased by fifteen percent (15%).
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||5407||7470||An increase of 38%|
|Total Applications Disposed through Show Cause Hearings||879||998||An increase of 13%|
|Total Applications Published in the Trade Mark Journal||8583||15010||An increase of 74%|
|Total Registrations Granted||8112||7167||A decrease of 11 %|
|Total Hearing Notices Issued||6825||5037||A decrease of 26%|
|Total Renewals Notices Issued||2399||2762||An increase of 15%|
Total Number of New Applications Received from October 09th 2017 to October 16th, 2017
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Trade Mark Statistics from January 01, 2017 to October 16, 2017
- Total Number of Trade Mark Applications Filed – 198744
- Total Number of Trade Mark Applications Examined – 143787
- Total Number of Trade Mark Applications Published – 135703
- Total Number of Trade Mark Applications Registered – 245047
INTERESTING TRADE MARKS
GRACIE FILM Motion Picture and Sound Trade Mark
Gracie Films, a USA based entertainment production house founded by James L. Brooks, known for producing shows such as The Simpsons, have applied for a number of trade marks including ‘GRACIE FILM’ and ‘JAMES L. BROOKS’. The mark ‘GRACIE FILM” has been applied for logo, animation clip (motion mark), as well as jingle (sound mark). Apart from applying for unconventional marks, word marks have also been applied for ‘GRACIE FILM’ and ‘JAMES L. BROOKS’ with the USPTO. All the marks have been applied under class 41 which mainly covers Entertainment services. The marks have been filed by Trustee(s) of The Brooks Family Trust.
INDIAN TRADE MARK UPDATES
TATA wins another Trade Mark case
Tata Sons Limited (Plaintiff) vs. Sunil Kumar Jangra & Others. (Defendant(s))
Subject – Trade Mark Infringement, Passing Off, Dilution
Brief Facts – The Plaintiff since its inception has been continuously using the trade mark and the trade name TATA, which is said to be India’s oldest, largest and best-known conglomerate. The use of the trade mark TATA by the Plaintiff’s predecessors in its business dates back to the year 1868. The Plaintiff also owns trade mark registrations for the mark TATA in over 50 countries besides India. The Plaintiff learned that the Defendants are engaged in the business of providing transport, packaging and storage of goods, travel arrangement, packaging / and moving services under the name and style TATA SAFE PACKERS AND MOVERS. The Defendants are also operating a website under the domain name www.tatasafe.com. The Plaintiff filed a suit before the Delhi High Court seeking relief for trade mark infringement and passing off stating that the Defendants’ use of the trade mark TATA and the domain name is deceptively similar to that of the Plaintiff.
Judgment: On perusal of evidence and having heard the learned counsel of the Plaintiff, the Court held that the Defendants’ adoption and usage of the trade mark TATA and the domain name www.tatasafe.com is bound to cause deception and confusion in the minds of the public. The Court therefore, passed the following orders:
- A decree of permanent injunction restraining the Defendants from using the trade mark TATA or any other mark similar to that of the Plaintiff;
- Direction to transfer the domain name tatasafe.com in favor of the Plaintiff; and
- A decree of INR 2,17, 941 as legal fee in addition to the monetary damages of INR 20,05,000.
Skoda India Barred from Using ‘Monte Carlo’
Škoda Auto India Private Limited, a subsidiary of Skoda Auto, a Czech automobile manufacturer, has been restrained from using the term “Monte Carlo” for their cars. The order has been passed by the Delhi District Court after an infringement case filed by Ludhiyana based clothes manufacturer Monte Carlo Fashions Limited. The garment manufacturer claimed that the automobile manufacturer is infringing on its trademark “Monte Carlo” by naming their car the same. An interim injunction has been passed against Skoda India, barring them to ‘not advertise, manufacture or sell any products under the “Monte Carlo” brand’.
INTERNATIONAL TRADE MARK UPDATES
‘Vegas Strong’ Applied for Trade Mark
Sean K. Black, a US citizen has applied for the mark ‘VEGAS STRONG’ with the USPTO. The mark has been filed with US serial number 87633109 under class 16 for ‘Window decals to sell by a nonprofit business to raise money for people affected by tragedies and charities’. The mark has been filed in the aftermath of the shooting that took place in Las Vegas on 1st October, 2017.
Perry Ellis and Roma enter into Trade Mark License Agreement
Perry Ellis International, a USA based international clothing company, has entered into a licensing agreement with Roma Industries LLC, manufacturer and distributor of leather goods. The partnership will allow the company to sell leather goods and accessories under the registered trademark ‘Savane’. The collection will be available in USA as well as Canada.
TRADE MARK LICENSING UPDATES
Comic Con India brings Archie to India
Comic Con India, a comic based convention held in India, has signed up a unique licensing deal with Archie Comics. Through this licensing deal, a special edition of popular Archie titles with a customized city cover will be published to be given out to each pass holder attending the Comic Con India this year. The dates for Comic Con shows around India are:
Hyderabad- 14th – 15th October
Mumbai – 11th – 12th October
Bangalore – 2nd – 3rd December
New Delhi – 15th – 17th December
GEOGRAPHICAL INDICATION UPDATES
Mahabalipuram Stone Sculpture applied for Geographical Indication (GI) Registration
Tamil Nadu Handicrafts Development Corporation Limited has applied for GI registration for Mahabalipuram Stone Sculpture bearing Application No. 426 in respect of Hand crafted – stone carving products falling under Class 19. It has been claimed in the application that the exquisite rock-sculpting techniques exhibited in Mahabalipuram is dated back to 7th century. The popular stone sculptures made in Mahabalipuram are idols from mythologies or deities depicting divinity. The primary raw materials used in this art form are granite and sandstone. The source of the black, white and green granite, as well as the sandstone, are unique to the Mahabalipuram region and neighboring areas.
BananaIP TIP OF THE WEEK
Settling Trade Mark Disputes for Business Benefit
Under certain circumstances, settling trade mark disputes may make better business sense than fighting a long drawn litigation. Companies must assess the strength of a case, business consequences, and financial implications, among others, and make objective decisions on pursuing litigation or settling disputes. Settlement opportunities open up at various points in the litigation cycle, and companies must avoid falling prey to personal biases and subjective opinions while making decisions.
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]