Weekly Trademark News: Aaj Tak Wins Trademark Battle, Trademark Infringement over a Candle, Discover Brand in India and other news
Indian Trademark Statistics for November (Fourth Week) 2018, Discovery Brand Now in India, LG Electronics Files Trademarks for Foldable Phones, Aaj Tak Wins a Trademark Battle, Surname Trademark Infringement, and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“Every advertisement should be thought of as a contribution to the complex symbol whichis the brand image”– Walter Landor
INDIAN TRADEMARK STATISTICS
The Indian Trademark Office have had a mixed week with respect to its work pace last week. The total number of the applications disposed through show cause hearings has increased by twelve percent (12%). Similarly, the total number of applications published in the trademark journal has increased by thirty two percent (32%). However, the total hearing notices issued has decreased by sixty percent (60%)
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||8315||5750||A decrease of 31%|
|Total Applications Disposed through Show Cause Hearings||5251||4636||An increase of 12%|
|Total Applications Published in the Trademark Journal||5648||7477||An increase of 32%|
|Total Registrations Granted||6830||7739||An increase of 13%|
|Total Hearing Notices Issued||16058||6365||A decrease of 60%|
|Total Renewals Notices Issued||3832||1214||A decrease of 38%|
Trademark Statistics by Office
Total Number of New Applications Received from November 21st to November 28th , 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2018 to November 28th 2018
- Total Number of Trademark Applications Filed – 279424
- Total Number of Trademark Applications Examined – 132988
- Total Number of Trademark Applications Published – 125456
- Total Number of Trademark Applications Registered – 295889
INTERESTING BRAND NEWS
New Trademark for Foldable Phones
The upcoming year might be very exciting for mobile phone aficionados if new trademark filings are to be believed. LG Electronics Inc., the South Korean multinational electronics major has filed three trademark application for the marks Flex, Foldi and Duplex under class 09, for foldable smartphones. The new smartphones are likely to be launched in the upcoming year in order to compete with Samsung’s Galaxy F.
INDIAN TRADEMARK UPDATES
AAJ TAK Wins Trademark Battle
Living Media India Limited (India Today Group) filed for a permanent injunction restraining Mandeep Kaur from infringement and passing off trademark ‘AAJ TAK’ or any other mark deceptively similar to India Today’s registered trademark in relation to magazine, newspaper, journals, etc. India Today is one of the major media corporations in the country and is the registered trademark holder of the mark ‘AAJ TAK’ since 1995. India Today recently came to know of Mandeep Kaur who claims to own, print and publish the fortnightly magazine ‘AAJ TAK AAMNE SAAMNE’ and also is the owner of the domain www.aajtakaamnesaamne.com. India Today sent cease and desist notices to Mandeep Kaur, but he failed to act upon the notice and continued the use of the infringing trademark. The Court opined that India Today has clearly established the infringement and the acts of Mandeep Kaur are not bonafide. Therefore, a decree of permanent injunction is passed in favour of India Today. Further, India Today is also entitled to damages of Rs. 1 lakh.
INTERNATIONAL TRADEMARK UPDATES
Trademark Infringement over a Candle
Claridge, a popular 5-star hotel based out of London, filed a trademark infringement suit against Claridge Candles, a candle manufacturing entity incorporated in England, for infringing its registered trademark. Claridge has claimed in the suit that it has “suffered damage and integrity to its trademark” and the use of the letter ‘C’ by Claridge Candles is likely to cause confusion amongst the consumers and is likely to dilute the ‘distinctiveness’ of its trademark. Claridge has also requested an order for Claridge Candles to withdraw their trademark application. An order is yet to pass.
A Surname Can be Trademarked?
The heirs of Phyllis Schlafly, the US activist and lawyer, known for her conservative views, lost an appeal against a craft brewery in Missouri called Saint Louis Brewery LLC from trademarking the name ‘Schlafly’. The heirs claimed that trademarking ‘Schlafly’ for beer will hurt their reputation by being associated with alcohol. The U.S. Federal Circuit Court of Appeals however ruled in favour of the brewery, stating that surnames can be trademarked if the name has acquired a ‘secondary meaning’ and ‘distinctiveness’.
TRADEMARK BRAND LICENSING UPDATES
Discovery Brand in India
Discovery Inc. has appointed Black White Orange Brands Pvt. Ltd. as their licensing agent in India. As the licensing agent, Black White Orange will represent and manage Discover’s extensive portfolio, including major brands such as Animal Planet, Discovery Adventures and more. The agency will closely work with Discovery to explore licensing deals and partnerships to venture into apparel, home décor, electronics, travel and adventure gear, etc.
GEOGRAPHICAL INDICATION UPDATES
Himachal Pradesh Government Grows Vigilant on Issues of GI violations
Himachal Pradesh has woken up to the threat of imitation and duplication of its geographically protected products. A policy is formulated for the registration and protection of geographical indications of goods in Himachal and a state-level committee has been set up. The Committee is entrusted to regulate the registered GIs and to devise a preventive mechanism to tackle cases of violations. Decision has been made to generate awareness for the public, especially tourists, through posters and hoarding across the state regarding the authenticity of geographically protected products and marks.
BANANAIP TIP OF THE WEEK
A person’s name cannot be trademarked unless it can be established that it has acquired a secondary meaning of its own and therefore distinctive than the common usage of the name.
Author: BIP Trademark Attorneys
Led by Sanjeeth Hegde, BIP’s Trademark 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 trademark filing, prosecution, registration, management, licensing, franchising, merchandizing and strategy.
The weekly trademark news initiative is a part of their pro bono work and is aimed at spreading trademark 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 Trademark Attorneys at [email protected]