Times Now Trade Mark Infringement, Emoji Official Merchandise in India, BMW Smart Watches by Fossil, and other news
Indian Trade Mark Statistics for August (Third Week) 2018, Nestle Loses Trade Mark Battle Over Four Fingers, Olympic Apparel Line with Lacoste, Marayoor Jaggery Filed for GI and more” brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
“Brand is just a perception, and perception will match reality over time. Sometimes it will be ahead, other times it will be behind. But brand is simply a collective impression some have about a product.” –Elon Musk
INDIAN TRADE MARK STATISTICS
In the last week, the Indian Trade Mark Office have had a comparatively slow week. The total number of hearing notices issued has decreased by thirty seven percent (37%). Similarly, the total number of applications disposed through show cause hearings has decreased by thirty-four percent (34%). However, the number of applications published in the trade mark journal has increased by eleven percent (11%).
Weekly Indian Trade Mark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trade Mark Applications Examined by Trade Mark Office||10231||6575||A decrease of 36 %|
|Total Applications Disposed through Show Cause Hearings||8601||5656||A decrease of 34%|
|Total Applications Published in the Trade Mark Journal||8805||9765||An increase of 11%|
|Total Registrations Granted||10991||10244||A decrease of 7%|
|Total Hearing Notices Issued||10392||6513||A decrease of 37%|
|Total Renewals Notices Issued||4029||2289||A decrease of 43%|
Trade Mark Statistics by Office
Total Number of New Applications Received from August 09th to August 15th, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2018 to August 15th, 2018
- Total Number of Trade Mark Applications Filed – 191875
- Total Number of Trade Mark Applications Examined – 91953
- Total Number of Trade Mark Applications Published – 117856
- Total Number of Trade Mark Applications Registered – 21866
INTERESTING TRADE MARK
‘Fish as a Service’ is a Trade Mark?
Aquaai Corporation, a California based firm has filed new trade mark application with the USPTO for the marks ‘Fish as a Service’ and ‘FAAS’. The marks have been applied for ‘rental of underwater drones’ in class 41. The drone is offering monitoring services performed by biomimetic fishlike drones for collecting underwater data. The company’s aim is to ‘save the seas by providing intelligence under the surface’.
INDIAN TRADE MARK UPDATES
Bennett Coleman & Company Limited (Plaintiff) v. Akram Pasha (Defendant)
The present suit was filed by the Bennett Coleman claiming for a permanent injunction to restrain Akram Pasha from adopting and using the channel name NATIONAL TIMES NOW or any other mark deceptively similar to the Bennett Coleman’s channel name/registered trade mark TIMES NOW creating a trade mark infringement, passing off, and dilution of trademark issue.
Bennett Coleman, popularly known as ‘Times Group’ since 1838, is India’s largest news conglomerate and owns and operates news channel TIMES NOW and various other channels such as ET Now, Movies Now, Romedy Now, etc. It is stated that Bennett Coleman has been using the trade mark TIMES for almost 180 years and TIMES NOW and NOW since 2006 for its diverse media activities. In April 2018, Bennett Coleman found out that Akram Pasha was using a website www.nationaltimesnow.com under the name NATIONAL TIMES NOW. Further, Akram Pasha also has launched a news portal under the name NATIONAL TIMES NOW.
The Court passed an ex-parte injunction against Akram Pasha permanently restraining the Defendant from using the mark NATIONAL TIMES NOW or any other deceptively similar mark to that of Bennett Coleman.
INTERNATIONAL TRADE MARK UPDATES
Nestle Loses Trade Mark Battle for Four Finger
In a devastating blow to Nestle S.A., the Court of Justice of the European Union (CJEU) has ruled that Kit-Kat, the four fingered chocolate bar shape is not distinctive enough to be provided trade mark protection. The CJEU on 25th July 2018, has confirmed the decision of European General Court and have over ruled the decision of the Second Board of Appeal of the European Union Intellectual Property Office (“EUIPO”) stating that the shape of the chocolate bar is not well known throughout the European Union member states to be granted trademark protection. Nestle had filed an application for the protection of the shape mark of Kit-Kat under the EUIPO in 2007. The case will be reassigned to EUIPO to further asses the evidence provided.
Messi Triumphs Over ‘Massi’
Lionel Messi, the Argentinian footballer, has emerged victorious in the lengthy battle over the use of his name. Messi had filed the application to trade mark his name under the EUIPO in 2011 for sports and gymnastics clothing, equipment and protective equipment and instruments, which was contested by the Spanish sports manufacturing company Massi. The company had claimed that ‘Messi’ and ‘Massi’ are confusingly similar trademarks. The General Court of the European Union, has ruled in favour of the footballer stating that even though the trade marks are similar, “Mr Messi is in fact a well-known public figure who can be seen on television and who is regularly discussed on television or on the radio,” therefore, the consumers will associate the name ‘Messi’ with the footballer only and no one else.
TRADE MARK LICENSING UPDATES
Fossil to Launch BMW Watches
Fossil Group, Inc., an American fashion designer and manufacturer has entered in to a 5 year global license agreement with the BMW Group, one of the most recognizable car brands in the world. In this collaboration, Fossil Group will design and manufacture BMW branded watches and smartwatches. The first collection will be launched in 2019 and is said to be sold in 4000 BMW locations worldwide.
Emoji Official Merchandize in India
The Emoji Company represented by Mumbai based agency, Black White Orange has signed licensing and merchandising deals in various categories including apparels, accessories, toys, FMCG and more. Voxpop, status quo, safari bags, inkflaptstore.com, reliable rainwear are few of the license partners in India for the Emoji merchandise. The Emoji Company owns registration on over 450 trademarks globally.
First Olympic Heritage Apparel Line with Lacoste
The International Olympic Committee has entered in to a long term licensing deal with Lacoste, a French clothing brand, to launch the first exclusive Olympic heritage lifestyle apparel collection. The new clothing and accessories line will feature limited edition collections that will echo the graphic legacy of the Olympic Games. The collaboration will continue till 2020, with a collection developed for each season.
GEOGRAPHICAL INDICATION UPDATES
Marayoor Jaggery Filed for GI
Marayoor Jaggery locally known as Marayoor Sharkara is cane sugar prepared from the sugarcane grown in the area of Marayoor located in the Idukki District of Kerala. The quality of the jaggery is attributed to the low temperature prevailing in the area, soil characteristics, water used and the sugarcane varieties used for cultivation. The jaggery is produced in the local farms itself using traditional manner without using any modern equipment.
BANANAIP TIP OF THE WEEK
In certain situations it makes strategic sense to also apply for marks that are similar or variations of a trade mark that will be a flagship mark for a product or service of yours. The intent of such applications is to restrict your competition from having access to such marks when you enter the market and your flagship mark becomes popular.
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]