Montblanc’s Trademark Battle Against Counterfeiters, Tesla to Teslaquila, Exclusive Harry Potter Collection by ONLY and other news
Indian Trademark Statistics for October (Third Week) 2018, Timex Group to Launch Ted Baker Watches, Dunhill Scores for Fashion, Malawi Joins Madrid Protocol, Seeraga Samba Rice Applied for GI, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“The purpose of your brand is to represent your purpose”– Michael Kauly
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 twelve percent (12%). Similarly, the total applications published in the trademark journal has decreased by thirty-nine percent (39%). However, the total number of hearing notices issued has increased by forty one percent (41%)
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||8791||10525||An increase of 20%|
|Total Applications Disposed through Show Cause Hearings||7072||6214||A decrease of 12%|
|Total Applications Published in the Trademark Journal||10341||6328||A decrease of 39%|
|Total Registrations Granted||6570||5231||A decrease of 20%|
|Total Hearing Notices Issued||9382||13273||An increase of 41%|
|Total Renewals Notices Issued||1210||2012||An increase of 66%|
Trademark Statistics by Office
Total Number of New Applications Received from October 10th to October 17th, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2018 to October 17th, 2018
- Total Number of Trademark Applications Filed – 248429
- Total Number of Trademark Applications Examined – 113812
- Total Number of Trademark Applications Published –113180
- Total Number of Trademark Applications Registered – 267944
INTERESTING BRAND NEWS
Tesla to Teslaquila: Musk on a High
When a car manufacturer runs into financial trouble where does he turn to? Of course, the answer is tequila. Tesla Inc., the American automobile company, known for its electric car has filed a trademark application for ‘Teslaquila’- a Tesla brand tequila, which covers ‘Distilled agave liquor; Distilled blue agave liquor’. The mark has already been filed in Jamaica which is being used as the international application with a priority date of 10th April. A proposed label for the tequila was shared by Tesla’s CEO Elon Musk earlier this year through his social media account. So kids just adhere to one advise, don’t Teslaquila and drive.
INDIAN TRADEMARK UPDATES
Montblanc’s Win Against Counterfeiters
Montblanc International GmbH, the German manufacturer of luxury goods filed for a permanent infringement to restrain Bajaj Belts & Ors., from using the mark MONTBLANC and/or the star device or any other similar marks amounting to infringement of trademark and passing off. Montblanc is said to have adopted the trademark in 1910 for manufacture and sale of writing instruments. Later the said trademark was expanded to other luxury goods such as watches, leather goods, belts, etc. In 2017, Montblanc noticed that Bajaj Belts & various other proprietors are engaged in selling counterfeit products of the former using identical mark and logo, at a considerably low cost and of extremely poor quality. In the Court’s opinion, the counterfeiters have no real prospect of defending the claim as it’s a clear case of infringement of Montblac’s registered trademark. The Court, therefore, issued a decree in favor of Montblac and instructing the counterfeiters to handover the counterfeit products to Montblanc for its destruction within 14 days of passing the order.
INTERNATIONAL TRADEMARK UPDATES
Dunhill Scores for Fashion
Alfred Dunhill Limited, the British luxury brand has emerged victorious in a long battle against the Chinese label Danhuoli. Dunhill had filed a trademark infringement suit against the Chinese clothing company for using a similarly confusing name and logo as well as unfair competition scheme. The Foshan Intermediate People’s Court has ruled in favour of the British label and has ordered Danhuoli to cease the use of the infringing logo, in addition to paying a sum of 1.47 million dollars.
Malawi Joins Madrid Protocol
Malawi, a landlocked country in Southern Africa has joined the Madrid Protocol on the international registration of marks. The protocol will be enforced in December. This will make Malawi the 102nd country to be a part of the Madrid System. The Madrid System allows a single international application to be filed for trademark protection in a number of the member states.
TRADEMARK LICENSING UPDATES
Exclusive Harry Potter Collection by ONLY
In line with the 20th anniversary celebration of J.K. Rowling’s world famous Harry Potter, the fashion brand ONLY has launched an apparel collection exclusively for women. The collection created by Bioworld Merchandising India comprises of t-shirts, sweatshirts and blazers. The collection named ‘ONLY X Harry Potter Collection’ is available across all ONLY stores, major retail outlets, and on their e-commerce website.
Timex Group Inks Watch Deal with Ted Baker
Ted Baker, British luxury clothing retail company has signed a global licensing deal with Timex Group to manufacture watches. The collection launching internationally in 2019 summers is intended to complement the clothing brand’s apparel and accessory collections. Ted Baker’s licensing deal is a part of the company strategy to become a global lifestyle brand.
GEOGRAPHICAL INDICATION UPDATES
Seeraga Samba Rice Applied for GI
Seeraga Samba rice grown in Tamil Nadu is a tiny grained aromatic variety that gets its name from its resemblance to cumin, known as Seeragam in Tamil Nadu. It is an expensive variety, famous for its usage in biryani. The GI Application was filed on June, 2018 by Intellectual Property Rights Attorney Association on behalf of Kaveri Delta farmers.
BANANAIP TIP OF THE WEEK
A prior user of a trademark that is unregistered can continue using the trademark even if subsequently an application for the same mark is granted to someone else.
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]