Weekly Trademark News: IPAB Dismisses Plea Against iPhone Trademark, Wrangler’s Battle Aagainst Counterfeiters, Mickey Mouse Turns 90 and other news
Indian Trademark Statistics for October (Fourth Week) 2018, Apple Files for Liquid Retina Trademark, Ethnic Fashion Brand by Saif Ali Khan, Bihar’s Shahi Litchi Obtains GI Tag, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“If you do not give the market the story to talk about, they’ll define your brand’s story for you.” – David Brier
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark Office have had a slow week. The total number of the applications disposed through show cause hearings has decreased by thirty eight percent (38%). Similarly, the total number of hearing notices issued has decreased by seventy percent (79%). However, the total applications published in the trademark journal has increased by fifty percent (50%)
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||10525||7003||A decrease of 33%|
|Total Applications Disposed through Show Cause Hearings||6214||3828||A decrease of 38%|
|Total Applications Published in the Trademark Journal||6328||9470||An increase of 50%|
|Total Registrations Granted||5231||4018||A decrease of 23%|
|Total Hearing Notices Issued||13273||2798||A decrease of 79%|
|Total Renewals Notices Issued||2012||1062||A decrease of 47%|
Trademark Statistics by Office
Total Number of New Applications Received from October 17th to October 24th, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2018 to October 24th, 2018
- Total Number of Trademark Applications Filed – 252558
- Total Number of Trademark Applications Examined – 119762
- Total Number of Trademark Applications Published –123249
- Total Number of Trademark Applications Registered – 270714
INTERESTING BRAND NEWS
Apple Files for ‘Liquid Retina’ Trademark
In the last week, Apple filed for the trademark ‘Liquid Retina’ in both US and China. In the latest iPhone XR, Apple has introduced the advanced LCD display Liquid Retina. It is an innovative backlight design allowing the screen to stretch in to the corners so that the true-to-life color can be seen from one edge to another.
INDIAN TRADEMARK UPDATES
Wrangler’s Win against Counterfeiters
Wrangler Apparel Corp., the American manufacturer of jeans filed for a permanent infringement to restrain Raj Kumar Shahu from using the brand name WRANGLER and indulging in counterfeiting, which is a complete violation of the former’s statutory and common law rights. Wrangler which was established in 1947 is the registered trademark holder of the mark WRANGLER in various classes worldwide. Wrangler noticed that Raj Kumar Shahu is selling and distributing spurious goods from its premises at South Delhi by using deceptively similar marks/logo to the registered marks/logo of Wrangler and customers are highly likely to be deceived, confuses or misled. Since the counterfeiter did not come forward to disprove the allegations, the Court passed an ex-parte order issuing a decree in favor of Wrangler and instructing Raj Kumar Shahu to pay compensatory and punitive damages worth INR 2 Lakh to Wrangler.
INTERNATIONAL TRADEMARK UPDATES
IPAB Dismisses Plea Against iPhone – Apple Logo
The Intellectual Property Appellate Board (IPAB) dismissed a rectification petition filed by iVoice Ventures seeking removal of the trademark ‘iPhone with the Apple logo’. iVoice filed a number of rectification petitions against the US company after receiving challenge by Apple for its trademark application for the mark iFon citing phonetic similarity with iPhone. IPAB ruled that the rectification plea against Apple was frivolous and without any substance.
TRADEMARK LICENSING UPDATES
Ethnic Fashion Brand by Saif Ali Khan
Flipkart owned online fashion retailer Myntra has launched ‘House of Pataudi’ in partnership with the Bollywood actor Saif Ali Khan. ‘House of Pataudi’, an ethnic fashion brand is said to be a first of its kind brand in the country that is a tasteful curation of Indian ethnicity and cultural heritage. The range includes kurtas, dresses, sherwanis, and others items available on Myntra and Jabong from October 25.
Mickey Mouse Turns 90!
Mickey Mouse, Walt Disney Co’s most iconic cartoon character is about to turn 90 and India is all set to surprise its fans and followers. For the celebration, apparel brands such as ONLY, Vero Moda, Jack & Jones, and DLF brands will bring out special collection centered around the nine-decade tribute. Mickey is said to be one of the world’s most recognizable character.
GEOGRAPHICAL INDICATION UPDATES
Bihar’s Shahi Litchi Gets GI Tag
Shahi Litchi, a variety of Litchi grown in the districts of Bihar namely, Muzaffarpur, Vaishali, Samastipur, Champaran, Begusarai and adjoining areas obtains GI registration. This variant is famous for its sweet, juicy, unique flavor, aroma a pearly white aril. The GI application was filed in 2016 by Bihar Agricultural University.
BANANAIP TIP OF THE WEEK
It is possible to have a mark registered in a class even if another registered mark exists in the same class if that registered mark is considered descriptive in nature and therefore not inherently distinctive. However this would not be a recommend strategy to adopt unless you have no choice but to use the mark as it is necessary to represent your goods or services.
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]