Bata’s Coca Cola Flavoured Tennis Shoes, Time Inc Wins Trademark Infringement, Ariana Grande Files Trademark, Khandamal Haladi Gets GI, and Other News
Indian Trademark Statistics for April (Second Week), Stella McCartney Wins Trademark Battle for Fur Free Fur, Bata’s Coca Cola Flavoured Tennis Shoes, Cartoon Network Inspired Apparel Collection Launched and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“A great trademark is appropriate, dynamic, distinctive, memorable and unique” – Primo Angeli
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark Office has picked up its pace. The total number of applications examined has increased by thirty eight percent (38%). Similarly, the total number of registrations granted has increased by eight percent (8%).
Weekly Indian Trademark Statistics
|Last Week||This Week|
Change in %
Total Trademark Applications Examined by Trademark Office
|6318||2861||A decrease of 54.7%|
|Total Applications Disposed through Show Cause Hearings||8714|
A decrease of 37.7%
Total Applications Published in the Trademark Journal
|7783||8941||An increase of 14.9%|
Total Registrations Granted
A decrease of 66%
|Total Hearing Notices Issued||4617|
A decrease of 39%
Total Renewals Notices Issued
A decrease of 17%
Trademark Statistics by Office
Total Number of New Applications Received from April 04th, 2019 to April 10th, 2019
|Sr. No||Jurisdiction||New Applications||Examined||Published After Hearing||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2019 to April 10th, 2019
- Total Number of Trademark Applications Filed – 95542
- Total Number of Trademark Applications Examined – 45131
- Total Number of Trademark Applications Published – 44502
- Total Number of Trademark Applications Registered – 77849
INTERESTING BRAND NEWS
Ariana Grande Files Trademark
Ariana Grande, the American signer, has filed an application to trademark the term ‘ARIANA GRANDE THANK U, NEXT’. The mark has been filed with the USPTO for fragrances as well as toiletries. It looks like the mark has been filed as an opportunity to cash in on the success of her new album Thank You Next.
INDIAN TRADEMARK UPDATES
Time Inc vs. Anand Nadar & Anr
Time Inc., an American global mass media major, filed for a permanent injunction to restrain Anand Nader and another from using the mark ‘FORTUNE ASIA 2018 & CIO AWARDS’for an upcoming conference and the domain name www.fortuneasiaevent.com, which are descriptively similar to Time’s registered trademarks ‘FORTUNE ASIA’ and ‘FORTUNE’. Time Inc is said to have started using the trademark ‘FORTUNE’ in the 1930s in the US and it obtained registration in India in 1978. The High Court of Delhi observed that Defendants had no real prospect to defend the claim as there is a clear case of trademark infringement. The Court, therefore, passed a permanent injunction in favour of Time Inc.
INTERNATIONAL TRADEMARK UPDATES
Stella McCartney Wins Trademark Battle for Fur Free Fur
Stella McCartney, an English fashion designer, has won the battle to trademark the term ‘Fur Free Fur’. McCartney had filed for the trademark in 2017, which was rejected by the U.S. Patent and Trademark Office (USPTO), on the basis that the mark is descriptive in nature and does not fulfill the basic requirements of a trademark i.e. it does not serve as a source indicator. However, reversing the decision of the USPTO, the USPTO’s Trademark Trial and Appeal Board (TTAB) has stated that the mark is not descriptive in nature as the term ‘Fur’ provides two different meanings. The first use of the term ‘Fur’ refers to the fact that the goods are ‘animal fur free’ whereas the second use of the fur refers to ‘imitation fur’, creating the impression that the goods are both fur free as well as made of fur, thus making the term non descriptive in nature. The mark will now proceed towards registration by the USPTO.
Gaming Company Loses Trademark Battle
Zitro IP Sarl, a gaming company based out of Luxembourg, has lost the trademark suit for registering the mark ‘Pick & Win Multislot’. The EU General Court while dismissing the appeal filed by the company, upheld the decision of the Intellectual Property Office of the European Union (EUIPO), stating that the mark lacked distinctive character. The EU General Court further stated that the expression ‘Pick & Win Multislot’ will be perceived by the consumers as ‘a promotional message that highlights the positive qualities of the goods and services covered by the mark’. Zitro had applied for the mark in 2016 in several classes which mainly covered slot machines, game machines for arcades, betting terminals as well as online gaming services.
BRAND LICENSING UPDATES
Bata’s Coca Cola Flavoured Tennis Shoes
The footwear major Bata recently partnered with Coca Cola, the global beverage company, in launching the ‘Heritage Collection’ which is a range of tennis shoes launched first in 2015. The collection features Coca Cola logo in white against the red canvas. Interestingly, both the brands share the distinctive red and white colors in their branding.
Cartoon Network Inspired Apparel Collection Launched
Cartoon Network Enterprises partnered with Nandita Mahtani, the well-known Indian fashion designer, to launch a clothing line that rejoices iconic cartoons from the 1990s. The collection is inspired by The Powerpuff Girls, Johnny Bravo, Dexter’s Laboratory, Courage the Cowardly Dog and Samurai Jack. The clothing line is said to launch in the latter half of 2019 catering to age groups from 16 to 60.
GEOGRAPHICAL INDICATION UPDATES
Khandamal Haladi Gets GI
Geographical Indications Registry of the Government of India recently issued the GI tag to Odisha based Khandamal Haladi on the occasion of Utkal Divas, the State’s foundation day. Turmeric, which is said to have high medicinal value has been cultivated by the tribal communities of the Kandhamal district from time immemorial following traditional methods without any application of fertilizers or pesticide. The application was filed by Kandhamal Apex Spices Association for Marketing (KASAM) facilitated by the Central Tool Room & Training Centre (CTTC) in January 2018.
BANANAIP TIP OF THE WEEK
A prospective mark that describes the source or feature of a product or service is considered descriptive and would not be granted registration.
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]