Weekly Trademark News: Adidas’ Three Strips Enforces Trademark, Virat Kohli Into Fragrances, Taco Bell’s Aggressive Expansion in India, Lahaul Socks and Gloves Filed for GI and Other News
Indian Trademark Statistics for May (Third Week), Taco Bell’s Aggressive Expansion, Royal Enfield Files for a New Product, ZARA is not for Safari, Adidas’ Three Strips Enforces Trademark and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
Define what your brand stand for, its core values and tone of voice, and then communicate consistently in those terms – Simon Mainwaring
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark Office has had a mixed week. The total number of renewals notices issued has increased by one hundred and fifty two percent (152%). Similarly, the total number of registrations granted has decreased by eight percent (8%). There has also been an increase of three percent (3%) in the applications disposed through show cause hearings as well as applications published in the trademark journal.
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||6815||6411||A decrease of 6%|
|Total Applications Disposed through Show Cause Hearings||3945||4061||An increase of 3%|
|Total Applications Published in the Trademark Journal||5127||5292||An increase of 3%|
|Total Registrations Granted||7452||6856||A decrease of 8%|
|Total Hearing Notices Issued||7310||7136||A decrease of 2%|
|Total Renewals Notices Issued||996||2511||An increase of 152%|
Trademark Statistics by Office
Total Number of New Applications Received from May 15th , 2019 to May 22nd, 2019
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 1st, 2019 to May 22nd, 2019
- Total Number of Trademark Applications Filed – 133466
- Total Number of Trademark Applications Examined – 57143
- Total Number of Trademark Applications Published – 120171
- Total Number of Trademark Applications Registered – 111955
INDIAN TRADEMARK UPDATES
Adidas’ Three Strips Enforces Trademark
Adidas AG and its Indian subsidiary, filed a suit seeking a permanent injunction, against footwear manufacturer Colo Footwear, for using the trademark COLO along with the ‘Three Stripes’ on their footwear. It is submitted in the suit that Adidas, founded in 1920 had adopted the ‘Three Stripes’ device mark in 1949 and since then has earned immense goodwill and reputation for its mark. The Delhi High Court had appointed a Local Commissioner to visit the infringer’s premises, and around 550 pairs of shoes, including replicas of the Adidas brand and shoes bearing the ‘Three Stripes’ device mark, were seized. As per the Commissioner’s report, Colo Footwear is clearly infringing the registered trademark of Adidas. On the basis of the pleadings and the documents on record and lack of any defence by Colo, the Delhi High Court granted a permanent injunction in favour of Adidas. Further, the Court ordered Colo Footwear to pay INR 20 lakh as damages to Adidas.
INTERNATIONAL TRADEMARK UPDATES
Royal Enfield Files for a New Product
Royal Enfield, the Indian motorcycle manufacturer, has filed a trademark application for the mark ‘Royal Enfield Meteor’ with the EUIPO for motorcycles as well as apparels. The mark has been filed by Eicher Motors, owner of Royal Enfield. With the new filings, it looks like Enfield is planning on launching the new model at EICMA or the Milan Motorcycle Shows in November 2019.
ZARA is not for Safari
In a recent judgment, the Court of Justice of the European Union (CJEU), has rejected the logo mark ‘Zara Tanzania Adventure’ filed by Zainab Ansell and Roger Ansell, the founders of a Tanzanian based tourism company of the same name, for use in connection with ‘travel and tourism services’, ‘wildlife education and training services, ecology, safaris’ along with ‘travel agency and hotel services’. The CJEU found this mark to be too similar to the Spanish retail giant ZARA. The mark had been filed for registration in 2009, which was contested by Industria de Diseño Textil, S.A, also known as Inditex, owner of ZARA. Inditex had argued that even though the mark has been filed in a different class as compared to theirs, it is not uncommon for fashion bloggers to merge fashion with travel, which might confuse the customers into believing that the mark ‘Zara Tanzania Adventure’ was in-fact originating from the retail company.
BRAND LICENSING UPDATES
Virat Kohli Into Fragrances
Cricketing ace Virat Kohli has set his eyes on the world of fragrance and has recently launched a new line through his brand One8. The product line including Eau De Parfum, deodorants and pocket sprays has been launched in collaboration with Scentials, a skin and beauty care brand. The products will be available across all major retail stores from June 2019 and will be distributed by SMEG Distribution LLC, a subsidiary of the Phoenix Group.
Taco Bell’s Aggressive Expansion in India
In a bid to expand its business in India, Yum Brand the owner of Taco Bell, the biggest Mexican fast food chain, has joined hands with Burman Hospitality, promoter of consumer goods firm Dabur. Burman Hospitality will be Taco Bell’s first franchise partner in India. The collaboration is aiming to set up 600 outlets across India by 2029.
GEOGRAPHICAL INDICATION UPDATES
Lahaul Socks and Gloves Filed for GI
Lahaul socks and gloves, made of indigenous wool sheared from local sheep from Lahaul and Spiti in the trans Himalayan region, want to have their unique products recognized with a GI tag. The wool is generally rough in texture and available in natural white, black, grey, and brown. Besides, Cashmere/Pashmina wool, Yak wool and Merino (cross breed wool) are also used in knitting wool products in Lahaul valley. A Lahauli sock is knit in parts and the upper part is knit using eight colours into a traditional eye catching design called ‘Dashi’ which comprises of patterns made of 7 to 8 themes.
The GI application was filed by Save Lahaul Spiti Society facilitated by Himachal Pradesh Patent Information Centre and HP council for Science, Technology & Environment (HIMCOSTE) in May, 2019.
Author: BIP Trademark Attorneys
Led by Sanjeeth Hegde, BIP’s Trademark Attorneys are among the leading experts in the field. They work on trademark filing, prosecution, management, licensing, franchising, merchandizing, litigation, and strategy for clients such as PEPS, Yash Raj Films, Dharma Productions, Essilor, Samsung and the IITs.
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]