LOL Trademark, Nestle Starbucks Global Licensing Deal, Magic Rice GI, and other news
Indian Trademark Statistics for August (Fifth Week) 2018, Burberry Counterfeit, Anushka Sharma to Promote Instax Cameras, In-N-Out Stout Beer in Trademark Dilemma, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“A good trademark, whether a word or a symbol, is devoid of fashion or trend, which makes it potentially iconic if its seen for long enough in the right places”-Ivan Chermayeff
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark Office have had a comparatively slow week. The total number of the applications published in the trademark journal has decreased by 42%. Similarly, the total registrations granted has decreased by 44%. However, the number of renewal notices issued has increased by 77%.
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined||6994||6911||A decrease of 1%|
|Total Applications Disposed through Show Cause Hearings||5799||6696||An increase of 15%|
|Total Applications Published in the Trademark Journal||8360||4857||A decrease of 42%|
|Total Registrations Granted||11138||6231||A decrease of 44%|
|Total Hearing Notices Issued||5945||5442||A decrease of 8%|
|Total Renewals Notices Issued||966||1711||An increase of 77%|
Trademark Statistics by Office
Total Number of New Applications Received from August 22nd to August 29th, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2018 to August 29th, 2018
- Total Number of Trademark Applications Filed – 203372
- Total Number of Trademark Applications Examined – 96793
- Total Number of Trademark Applications Published – 115069
- Total Number of Trademark Applications Registered – 230946
P&G Files for ‘LOL’
Procter & Gamble, the American multi-billion-dollar consumer goods conglomerate has filed a trademark application for the acronym ‘LOL’ with the USPTO. Apart from LOL, the company has also applied for marks such as ‘WTF’, ‘NBD’ and ‘FML’. These acronyms have been filed for non-medicated liquid soap; dishwashing detergents; hard surface cleaners; and air fresheners under class 3. Such trademarks have been applied to appeal to the 18-24 year old demographic.
INDIAN TRADEMARK UPDATES
Burberry Wins Counterfeit Case
Venerable British fashion brand Burberry Limited had filed a suit against Md. Azeem for trademark infringement and passing off with respect to the use of the mark BURBERRY and BURBERRY EQUESTERIAN KNIGHT. Burberry is a world renowned designer, manufacturer and distributor of luxury products for the past one hundred sixty years. Md. Azeem was indulging in manufacturing and trading counterfeit products under the impugned names which are deceptively similar to the registered trademarks of Burberry. The Court passed an ex-parte order and issued a permanent injunction against Md. Azeem’s use of the infringing marks. The Court also ordered Md. Azeem to pay compensatory and pecuniary damages in the amount of INR 2 Lacs.
INTERNATIONAL TRADEMARK UPDATES
In-N-Out Serves Legal Notice
In-N-Out Burgers, the American regional fast food chain, has issued a legal notice to Seven Stills Brewery and Distillery, an American microbrewery, to stop the sale of their ‘In-N-Stout’ beer. The fast food chain has claimed in the cease and desist letter that the beer being sold under ‘In-N-Stout’ label is confusingly similar to their brand name, and also includes the palm trees and arrows elements from its logo. In-N-Out Burgers have also stated that this may “create a confusion in the marketplace amongst consumers, who may be unsure as to the origin, sponsorship or affiliation of the beer in relation to the In-N-Out official trademark”. Seven Stills is yet to respond to the notice.
TRADEMARK LICENSING UPDATES
Anushka Sharma to Promote Instax Cameras
Anushka Sharma, a well-famed Bollywood actress, has entered into a digital partnership with Fujifilm India to promote its Instax range of instant cameras. Fujifilm intends to leverage the Actress’s 45 million plus social media fans and her influence over the modern youth to expand the product’s popularity.
Nestle-Starbucks Licensing Collaboration
Nestle S.A, the Swiss transnational food and drink company, will now have perpetual global rights to enhance and market Starbucks packaged coffees and teas around the world. The USD 7 billion licensing deal will strengthen Nestle’s position in the coffee business and enable Starbucks to have global footprint. The partnership will bring together the iconic brands of Nestle’s Nescafe, Nespresso and Dolce Gusto, and Starbuck’s Teavana, Seattle’s Best Coffee and Starbucks Reserve.
GEOGRAPHICAL INDICATION UPDATES
Boka Saul Gets GI Tag
Boka Saul often referred to as ‘Magic Rice’, a home-grown variety of rice produced exclusively in lower regions of Assam, has received GI registration. This variety of rice requires no cooking, unlike every other variety of rice. The rice just needs to be soaked in cold water for about an hour. Boka Saul is a one-of-its-kind ‘zero fuel’ variety of rice.
BANANAIP TIP OF THE WEEK
A trademark application will not be granted if your mark simply indicates the kind, quality, quantity, purpose or values of your goods or services, unless you have used it long enough where consumers associate that mark only with you, or the mark is considered to be well-known.
Author: BIP Trade Mark 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 –[email protected]