Weekly Trademark News: Chur Chur Naan a Trademark?, Kim Kardashian Files Trademark for her Newborn, Neymar Scores Victory at EU General Court, Himachal Chulli Oil Gets GI Tag and Other News
Indian Trademark Statistics for May (Fourth Week), Chhota Bheem Merchandise by Toonz Retail, Chupa Chups Expands to Accessories, Chur Chur Naan a Trademark?, 15 Years and a Trademark that Stands Out and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“The true test of confusing similarity is in consumer perception of dissimilarities in the trademarks.”- Dr. Kalyan C. Kankanala, BananaIP Counsels.
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark Office has had a productive week. The total number of applications examined by trademark office has increased by fifty three percent (53%). Similarly, the total number of registrations granted has increased by twenty eight percent (28%).
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||6411||9782||An increase of 53%|
|Total Applications Disposed through Show Cause Hearings||4061||4874||An increase of 20%|
|Total Applications Published in the Trademark Journal||5292||6595||An increase of 24%|
|Total Registrations Granted||6856||8778||An increase of 28%|
|Total Hearing Notices Issued||7136||15381||An increase of 115%|
|Total Renewals Notices Issued||2511||2504||A decrease of .28%|
Trademark Statistics by Office
Total Number of New Applications Received from May 22nd, 2019 to May 29th, 2019
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 1st, 2019 to May 29th, 2019
- Total Number of Trademark Applications Filed – 141101
- Total Number of Trademark Applications Examined – 61446
- Total Number of Trademark Applications Published – 119948
- Total Number of Trademark Applications Registered – 119891
INDIAN TRADEMARK UPDATES
Amritsari Chur Chur Naan a Trademark?
Parveen Kumar Jain, a restaurant owner filed a suit seeking a permanent injunction against Rajan Seth & Others for using the marks ‘Chur Chur Naan’ and ‘Amritsari Chur Chur Naan’ as their restaurant outlet name. Parveen Kumar claims that he has exclusive rights over the terms ‘Chur Chur Naan’ and ‘Amritsari Chur Chur Naan’ as he has obtained trademark registration over the same. Further, it is contended that latter’s usage of trademarks ‘PAHARGANJ KE MASHOOR CHUR CHUR NAAN’ and ‘AMRITSARI CHUR CHUR NAAN’ is also infringing on Parveen Kumar’s good will and reputation. Rajan Seth & Others submitted that the term ‘Chur Chur’ is generic in nature meaning ‘crushed’ and it is a common usage among their trade and submitted a list in their defence that showcases various third parties using ‘Chur Chur Naan’ and ‘Amritsari Chur Chur Naan’ with various suffixes and prefixes. The Delhi High Court noted that there is no doubt that Parveen Kumar is the registered trademark holder, but, if registrations are wrongly granted or applied for with respect to completely generic expressions, the Court cannot ignore the generic nature of the marks and confer monopoly on the same in favour of any party.
The Court therefore, passed an order stating that Rajan Seth & Others are permitted to use the marks ‘Chur Chur Naan’ and ‘Amritsari Chur Chur Naan’, but they have to distinguish themselves from Parveen Kumar’s outlet in order to avoid any consumer confusion. Therefore, the latter have agreed to change their trademarks to ‘PAHARGANJ SETH KE MASHOOR CHUR CHUR NAAN‟ and ‘PAHARGANJ SETH KE MASHOOR AMRITSARI NAAN’ within thirty days of the order.
INTERNATIONAL TRADEMARK UPDATES
Kim Kardashian On The Go; Files New Trademark For Newborn
Ever dreamt of filing your name as a trademark? Newly born Psalm, son of American reality TV star Kim Kardashian and singer Kanye West has beat you to it. Merely days after her fourth child was born, the TV star has filed applications with the USPTO to trademark his name, Psalm, under 16 classes. The mark has been filed for a wide range of products, including cosmetics, clothing, calendars, books, hair accessories, jewellery, and even baby products. This may make Psalm the youngest person to have a trademark for his name. Kim has also filed similar applications to trademark the names of her other three children earlier this year.
Neymar Scores Victory at EU General Court
Brazilian star footballer, Neymar da Silva Santos Junior, recently obtained a favorable decision from the European Union General Court (EUGC), in a dispute surrounding a trademark application for his name ‘NEYMAR’. The former football captain had filed a cancellation application against the trademark, which was filed in 2012 by a Portuguese businessman Carlos Moreira. The EUGC while upholding the decision of the EUIPO, held that the trademark was filed in bad faith, as Moreira was well aware of Neymar’s reputation, and had filed the application to cash out on his name and reputation. Moreira’s trademark application, which was initially registered by the EUIPO in 2013 was finally cancelled by the EUGC, thereby allowing Neymar to regain the rights to his name.
BRAND LICENSING UPDATES
Chupa Chups Expands to Accessories
Chupa Chups, the Spanish confectionary manufacturer has collaborated with Korean handbag manufacturer Vinci, to develop a limited edition spring/summer collection of fashion accessories. The licensing deal will see Vinci producing a line of canvas tote bags, bucket bags, and even clutches, which incorporates elements of both brands. Chupa Chups has undertaken similar ventures in the past, teaming up with H&M, Primark, and Pimkie, to produce apparel featuring the Chupa Chups logo.
Chhota Bheem Merchandise by Toonz Retail
One of India’s fast-growing kids retail chains, Toonz Retail has partnered with Green Gold Animation to sell exclusive merchandise of Chhota Bheem’s Kung Fu Dhamaka movie. Toonz is also the official fashion partner of the movie. The merchandise line includes summer apparels such as t-shirts and shorts with colourful prints. The collection will be available pan India through their retail outlets.
GEOGRAPHICAL INDICATION UPDATES
Himachal Chulli Oil Gets GI Tag
Chulli oil home to Himachal Pradesh has obtained GI registration recently. Chulli is a local variety of the wild Apricot fruit which is mainly grown in the districts of Shimla, Mandi, Kullu, Chamba, Sirmour, Kinnaur and Lahaul‐Spiti of Himachal Pradesh. The oil extracted from the kernels of the fruit is used for cooking and also is a base in many traditional relaxant formulations. The oil is also found to be very nutritive and is known to reduce the risk of cardiovascular diseases. The Chulli oil can be used for both edible and pharmaceutical purposes. The GI Application was filed by M/s. Kinnaur Chulli ‐ Bhemi Oil Producers & Processor Society facilitated by Himachal Pradesh Patent Information Centre in 2014.
15 Years and a Trademark that Stands Out
On 28th May, 2019, BananaIP Counsels completed fifteen years of IP Services. The firm started out of IIMB’s entrepreneurship cell(NSRCEL) in 2004 as Brain League, and is today recognized as a leading IP firm in the country. The firm has accomplished much over the years, and you may read about some of its achievements here
BananaIP has a thriving copyright and trademark practice, and has over the years helped numerous clients acquire trademark registrations, license/merchandize their trademarks, and enforce trademark rights. The firm has several trademark filings of its own, and its arbitrary trademark ‘BananaIP’ stands out among the IP fraternity. It is catchy, unforgettable, and is today a famous trademark among corporates and IP circles. Dr. Kalyan has written a note about why they chose the name, which may be accessed here.
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]