Weekly Trademark News: Lord Ganesha for Beer? The Roald Dahl Animated Series on Netflix, Yellow Belly Beer in Trouble, and other news
Indian Trademark Statistics for December (First Week) 2018, HBO Sound Trademark, Chhota Bheem Fights Counterfeiters, Lord Ganesha for Beer? Erode Turmeric GI Accepted and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“Mass advertising can help build brands, but authenticity is what makes them last. If people believe they share values with a company, they will stay loyal to a brand” -Howard Schultz
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark Office has picked up its pace. The total number of the applications disposed through show cause hearings has increased by sixty-six percent (66%). Similarly, the total number of renewal notices issued has increased by twenty two percent (22%). However, the total applications published in the trademark journal has decreased by one percent (1%).
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||5750||9201||An increase of 60%|
|Total Applications Disposed through Show Cause Hearings||4636||7675||An increase of 66%|
|Total Applications Published in the Trademark Journal||7477||7094||A decrease of 1%|
|Total Registrations Granted||7739||7835||An increase of 1%|
|Total Hearing Notices Issued||6365||7551||An increase of 19%|
|Total Renewals Notices Issued||1214||1477||An increase of 22%|
Trademark Statistics by Office
Total Number of New Applications Received from November 28th to December 5th , 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2018 to December 5th 2018
- Total Number of Trademark Applications Filed – 286831
- Total Number of Trademark Applications Examined – 136704
- Total Number of Trademark Applications Published –123980
- Total Number of Trademark Applications Registered – 302233
INTERESTING BRAND NEWS
Home Box Office, Inc. (HBO), one of USA’s biggest cable and satellite network, has been granted trademark registration to protect the look and sound of its opening and closing clips. HBO had applied for a sound trademark under the name ‘HBO ENTERTAINMENT’ in 2016 in class 35 describing it as “motion mark depicting a television screen of static “snow” out of which emerges the “HBO ENTERTAINMENT” logo appearing, and then the static snow fades out and the “HBO ENTERTAINMENT” logo morphs to sharp lettering appearing against the background before the wording fades out”. With the mark being granted, HBO has joined the list of companies who are protecting their trademarks using unconventional marks.
INDIAN TRADEMARK UPDATES
Chhota Bheem Fights Counterfeiters
Green Gold Animation Pvt. Ltd., creator of the popular cartoon series ‘Chhota Bheem’ and owner of the associated trademarks, has filed a case in the Delhi High Court against retailers Tech Connect Retail and Acme Housewares for trademark infringement and sale of counterfeit products. The retailers had been selling through e-commerce, knock-off bed sheets, pillows, and stationary items.
INTERNATIONAL TRADEMARK UPDATES
Yellow Belly Beer in Legal Trouble
‘Yellow Belly’ a peanut butter and biscuit flavored beer by Buxton Brewery and Omnipollo is facing a challenge over its name. Batemans Brewery has made a claim that the name of the beer is similar to their own beer ‘Yella Belly’, which they have used for the last 20 years and are the owners of the trademark. Yellow Belly was developed in 2014 and packaged in a paper designed to condemn organizations such as Klu Klux Klan to denounce racism and cowardice. The dispute is now being reviewed by the European Union Intellectual Property office (EUIPO).
Lord Ganesha for Beer?
Tempest Brew Co., a brewery based in Scotland, has come under the radar after an international Hindu organisation, Universal Society of Hinduism, has objected to the use of lord Ganesha’s image on its beer label. The Scottish brewery has been using a colorful image of Lord Ganesha on one of its limited-edition beers, India Pils alongside a message calling on customers to “channel your inner Ganesha and overcome all obstacles with our happy pilsner”. Following the objections, the brewery has confirmed that it will withdraw all references to Ganesha from its products and also has offered its apologies.
TRADEMARK BRAND LICENSING UPDATES
The Roald Dahl Animated Series Soon in Netflix
Netfilx, the online media streamer has joined hands with the famous children’s author, Roald Dahl, for producing an original animated series based on Dahl’s most popular books such as Matilda, Charlie and the Chocolate Factory, The Big Giant, etc. The animated series will be aired in 2019.
GEOGRAPHICAL INDICATION UPDATES
Erode Turmeric Accepted as a GI
Geographical Indication Registry has accepted Erode Turmeric as a GI and has published it in the journal. The Erode Turmeric, which requires hot and moist climate for cultivation is grown in Erode, Annur and Thondamuthur Taluks of Coimbature district. The application was filed in 2011.
BANANAIP TIP OF THE WEEK
E-Commerce sites have an obligation to verify the authenticity of products being sold by retailers on their platform and if counterfeit products are found or reported by buyer, the platform has to immediately discontinue the sale.
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]