One Plus in Trademark Trouble, Kodak Clicks with Forever21 Apparel, Alphonso Mango Obtains GI Registration and other news
Indian Trademark Statistics for October (Second Week) 2018, World’s Most Famous Building?, Vogue Sues Black Vogue, Polo Ralph Lauren Entry to India, King of Mangoes Obtains GI, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“A brand for a company is like a reputation for a person. You try to earn reputation by trying to do hard things as well” – Jeff Besos
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 ten percent (10%). Similarly, the total applications published in the trademark journal has decreased by fourteen percent (14%). However, the total number of hearing notices issued has increased by forty five percent (45%)
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||8614||8791||An increase of 2%|
|Total Applications Disposed through Show Cause Hearings||7868||7072||A decrease of 10%|
|Total Applications Published in the Trademark Journal||12036||10341||A decrease of 14%|
|Total Registrations Granted||7948||6570||A decrease of 17%|
|Total Hearing Notices Issued||6460||9382||An increase of 45%|
|Total Renewals Notices Issued||1160||1210||An increase of 4%|
Trademark Statistics by Office
Total Number of New Applications Received from October 3rd to October 10th, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2018 to October 10th, 2018
- Total Number of Trademark Applications Filed – 241056
- Total Number of Trademark Applications Examined – 113900
- Total Number of Trademark Applications Published –117711
- Total Number of Trademark Applications Registered – 264137
WORLD’S MOST FAMOUS BUILDING?
If you do not know the answer to this question, no need to question your intelligence as ESRT Empire State Building, L.L.C., the entity that owns the famous Empire State has made the answer simpler. The entity which owns the Empire State Building has filed a trademark for ‘WORLD’S MOST FAMOUS BUILDING’ under a number of classes which includes real estate and for providing facilities for film and photograph production amongst others. The entity has also filed for ‘THE WORLD’S MOST FAMOUS OFFICE BUILDING’ and has been granted registration for the same.
INDIAN TRADEMARK UPDATES
Is GREEN a registrable non-descriptive mark?
Greenply Industries Ltd., manufacturer and trader of plywood products filed a trademark infringement suit against Aggarwal Plywood Co., to restrain the latter from using the mark GREEN for their identical products. Greenply is the registered holder of the marks such as GREEN, GREENPLY, GREENWOOD, GREENCLUB etc which is used for manufacturing and marketing their plywood products. In 2016, it was brought to the notice of Greenply that Aggarwal Plywood is manufacturing and marketing identical products under the brand name GREEN VATIKA. Greenply argued that usage of a deceptively similar term GREEN with respect to the plywood products led to serious confusion and deception in the course of trade. It is stated in the present suit that the common parts of the trademark, GREEN, is in the public domain as it is derived from the raw material which is green in colour and generic. However, Greenply never filed any affidavit or list of witnesses or adduced any evidence to prove the onus of the case. Court therefore held that Greenply is not entitled to any relief in the present suit and the suit was dismissed.
Along with filing a trademark infringement suit, the Petitioners should produce oral or documentary evidence as the burden of proof is the obligation of the Petitioner.
INTERNATIONAL TRADEMARK UPDATES
One Plus in Trademark Trouble
One Plus, the Chinese smartphone manufacturer is in legal trouble over the term ‘Dash Charger’. Bragi, a German technology company has filed a trademark infringement suit against One Plus over the use of their mark ‘Dash’ in the European Union. The German company has claimed that One Plus’s ‘Dash Charge’ is confusingly similar to ‘Dash Charger’, the case for charging Bragi’s earphone. Bragi has earlier filed a suit against the Chinese manufacturer in the US.
Vogue Sues Black Vogue
Vogue Magazine, through its parent company Advance Publications, has filed a trademark infringement suit against Nareasha Willis, founder of the e-commerce website selling clothes under the name ‘Black Vogue’. Vogue has claimed that the use of the term Black Vogue is likely to cause confusion amongst the consumers that the clothing brand is related to their company Vogue. The suit has been filed after issuing cease and desist notice to Willis to stop using the name.
TRADEMARK LICENSING UPDATES
Kodak Clicks with Forever21 Apparel
Kodak, the technology company focused on imaging, has inked with Forever21, the fashion retailer to launch a new apparel collection for the ‘Fall 2018’ season. The collection will be featuring some of Kodak’s iconic logos and designs which portrays the bright and vibrant feel of Kodak’s branding and packaging from the 90’s. The collection will comprise twenty-six different items which will be available in 600 plus stores globally. Kodak has been working on associations to initiate brand awareness amongst people.
Polo Ralph Lauren Entry to India
American Brand, Polo Ralph Lauren opened its first flagship store in India in New Delhi’s DLF Emporio mall. The store features the latest collection comprising of bags, belts, dresses and polo tees for men and women. Polo Ralph Lauren has been known for its classics, which includes its two-piece suits, and signature tees. The brand is said to have a reflection of true American essence.
GEOGRAPHICAL INDICATION UPDATES
Alphonso Mango Obtains GI
The King of Mangoes, the Alphonso Mango gets GI Tag for Konkan area of Maharashtra which includes the five districts of Ratnagiri, Sindhudurg, Raigad, Thane and Palghar. Alphonso, claimed to be the most delicious variety of mango, is known for its excellent texture, taste, aroma, early bearing and keeping quality. This luscious fruit accounts for nearly 60% of the mango export trade from India. The GI application was filed by Director of Research, Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth, Ratnagiri on 2008.
BANANAIP TIP OF THE WEEK
Trademark rights are territorial, if you have a trademark in India, your statutory rights are limited to India. If you seek protection abroad, you will have to register in each country that you wish to operate in.
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]