Design as a Trademark?, Bumblebee Dispute Settled, Kodaikanal Hill Garlic GI and other news
Indian Trademark Statistics for September (First Week) 2018, Trademark Monopoly Can be Over a Class? Smiley Toys to be Launched in India, Monster Energy Loses Opposition Battle, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“The ideal trademark is one that is pushed to its utmost limits in terms of abstraction and ambiguity, yet is still readable. Trademarks are usually metaphors of one kind or another. And are, in a certain sense, thinking made visible” –Saul Bass
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark Office have had a mixed week. The total number of the applications published in the trademark journal has increased by nineteen percent (19%). There has also been a dramatic increase of one hundred and twenty one percent (121%) in the total number of hearing notices issued. However, the number of renewal notices issued have decreased by fifty four percent (54%)
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||6911||6836||A decrease of 1%|
|Total Applications Disposed through Show Cause Hearings||6696||4835||A decrease of 28%|
|Total Applications Published in the Trademark Journal||4857||5768||An increase of 19%|
|Total Registrations Granted||6231||6673||An increase of 7%|
|Total Hearing Notices Issued||5442||12025||An increase of 121%|
|Total Renewals Notices Issued||1711||779||A decrease of 54%|
Trademark Statistics by Office
Total Number of New Applications Received from August 29th to September 5th, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2018 to September 5th, 2018
- Total Number of Trademark Applications Filed – 209087
- Total Number of Trademark Applications Examined – 99014
- Total Number of Trademark Applications Published – 114317
- Total Number of Trademark Applications Registered – 236141
Design as a Trademark?
The Academy of Country Music in the US has filed an application to register a design as a trademark with the USPTO. The mark is described as ‘a 3-dimensional stylized rendering of an award trophy shaped as a cowboy hat on top’. The mark has been filed for entertainment services under class 41. It may be noted that a similar design application had already been filed earlier by the Academy of Country Music and this has been granted registration.
INDIAN TRADEMARK UPDATES
No Monopoly over the Entire Class of Goods
Karnataka Co-Operative Milk Producers Federation Ltd., which is the registered trademark proprietor of the brand ‘NANDINI’ had opposed the trademark registration of the mark NANDHINI DELUXE, an Andhra style restaurant chain based out of Karnataka. On an appeal filed before the Supreme Court by the restaurant against the decisions of IPAB and High Court, the Apex Court held that a trademark proprietor cannot claim monopoly over the entire class of goods particularly when the proprietor is not using the said mark with respect to certain goods falling under the same class. Further, the Court also in its order stated that there is no deceptive similarity between the logos when compared as a whole. The Court, therefore, set aside the decisions of IPAB and High Court, and restored the Trademark Registrar’s order allowing registration in favor of NANDHINI DELUXE.
INTERNATIONAL TRADEMARK UPDATES
Hasbro and DC Comics settle Bumblebee dispute
Hasbro Inc. the American toy company has settled the trademark infringement dispute with DC Comics and Warner Bros over the mark ‘Bumblebee’. Hasbro had filed a suit in 2017 against DC and Warner Bros as they had claimed an autobot toy sold by them would cause consumer confusion with regard to a teenage girl character doll from Hasbro. The terms of the settlement however have not been disclosed.
Monster Energy Loses Trademark Opposition
Monster Energy Company, the manufacturer of the popular energy drink Monster Energy, has lost the trademark opposition filed against a local pizzeria, Monsta Pizza, based in the UK. Monsta Pizza had applied for the trademark ‘Monsta Pizza’ with the UKIPO in March 2017. Monster Energy Company had filed a trademark opposition, claiming confusion amongst the public over the term Monsta. However, in a major blow to the energy drink company, the opposition has been denied by the IP office which has concluded that no misrepresentation will occur by the use of the trademark. Monster Energy has also been ordered to pay £2100 towards the legal fees of the pizzeria.
TRADEMARK LICENSING UPDATES
Smiley Launches Toys in India
The UK based Smiley Company, the official rights holder of the smiley face symbols has signed an exclusive license agreement with Ultra Toys, a division of Ultra Media & Entertainment to manufacture and retail toys and accessories of about 3000 varieties of popular emoticons. The retail products ranges from toys to cushions to backpacks and gifting accessories. The products will be available across major retail stores, toy stores as well as e-commerce platform.
GEOGRAPHICAL INDICATION UPDATES
Kodaikanal Hill Garlic Applied for GI
Kodaikanal Hill garlic, known for its medicinal and storage properties has an extended storage life period of 8 to 11 months unlike other garlic varieties. This is because the cloves of the garlic do not get separated for months. The uniqueness of the product also lies in the specialty of the soil. The Application has been filed in June, 2018 by Department of Biotechnology, Mother Teresa Women’s University and Tamil Nadu State Council for Science and Technology.
BANANAIP TIP OF THE WEEK
Two similar trademarks can be registered if the prior registered trademark’s proprietor consents to the registration of the subsequent trademark.
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]