Weekly Trademark News: Samsung Defeats its Counterfeit Products, Tiger Shroff Launches Active Wear Brand, Femina Flaunt Enters Fragrance Segment and other news
Indian Trademark Statistics for September (Fifth Week) 2018, Free Pizza for Life? Bihar’s Famous Shahi Litchi Soon to Obtain GI Tag, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“The ideal trademark is one that is pushed to its utmost limits in terms of abstraction and ambiguity, yet is still readable. Trademarks are usually metaphors of one kind or another. And are, in a certain sense, thinking made visible” –Saul Bass
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark Office have had a mixed week. The total number of the applications disposed through show cause hearings has decreased by eighty six percent (86%). Similarly, the total number of hearing notices issued has decreased by forty four percent (44%). However, the total applications published in the trademark journal has increased by twenty two (22%)
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||8597||8614||An increase of 0.2%|
|Total Applications Disposed through Show Cause Hearings||4221||7868||A decrease of 86%|
|Total Applications Published in the Trademark Journal||9831||12036||An increase of 22%|
|Total Registrations Granted||6550||7948||An increase of 21%|
|Total Hearing Notices Issued||11592||6460||A decrease of 44%|
|Total Renewals Notices Issued||2355||1160||A decrease of 51%|
Trademark Statistics by Office
Total Number of New Applications Received from September 17th to September 26th, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2018 to September 26th, 2018
- Total Number of Trademark Applications Filed – 226811
- Total Number of Trademark Applications Examined – 107524
- Total Number of Trademark Applications Published – 113003
- Total Number of Trademark Applications Registered – 253749
INTERESTING BRAND NEWS
Free Pizza for Life?
In an unusual marketing strategy, Domino’s Pizza in Russia had announced a promotion under which the contestants were eligible to win 100 free pizza per year for 100 years, the catch being that the contestants have to get the tattoo of Domino’s Pizza in a visible spot in their body. However, Domino’s had to limit the offer to the first 350 people to get the tattoo, due to the overwhelming response received. Now that is called dedication to pizza.
INDIAN TRADEMARK UPDATES
Small Victory for Samsung Against Counterfeiters
Samsung Electronics Company Ltd, the registered proprietor of the mark ‘SAMSUNG’/ ‘GALAXY’ had filed for a permanent injunction against Akhilesh Tiwari & Ors. restraining use of the trademark ‘SAMSUNG’/’GALAXY’ for counterfeit mobile phones & mobile accessories. In 2015, Samsung discovered that several vendors in Delhi and Mumbai were manufacturing and selling counterfeit products using the registered trademark of Samsung. In this case, Court opined that the vendors have no real prospect of defending the claims as most of the vendors did not make appearance before the Court. The Court, therefore, issued a permanent injunction in favor of Samsung.
INTERNATIONAL TRADEMARK UPDATES
‘I’m With Kap’, a Trademark?
Colin Kaepernick, the former American football quarterback who ignited a protest in US’s professional football league by kneeling during the playing of the American national anthem in protest against the treatment of minorities by the police, has filed new trademark application for the term ‘I’m With Kap’. The trademark has been filed under class 25 which covers clothing and is indicative of his stance in the protest. The mark has been filed under the entity INKED FLASH, INC.
JUUL Labs Stops Counterfeit
JUUL Labs, an electronic cigarette company based out of the US has filed trademark claims against 30 entities in China for selling counterfeit JUUL products on eBay which included devices and pods amongst other products. The company has been granted a temporary restraining order by the Federal Court in the Eastern District of Virginia against the infringing entities and has frozen the Paypal account of the entities selling the counterfeit products.
TRADEMARK LICENSING UPDATES
Tiger Shroff Launches Active Wear Brand
Bollywood actor Tiger Shroff has now launched his own active clothing brand, Prowl in partnership with Mojostar, a recently launched celebrity driven house of lifestyle brands. Prowl’s range includes active wear and accessories targeting young customers leading an active lifestyle. The products will be available at their brand website and on Amazon.
Femina Flaunt Enters Fragrance Segment
Femina Flaunt, the retail brand developed by Bennett, Coleman & Co. Ltd has launched their range of fragrances in India. The range offers four types of fragrances available across Shopper’s Stop outlets, other retail stores as well as e-commerce platforms. Femina’s launch of the fragrances is after their successful foray into other core fashion categories such as apparel, footwear and accessories.
GEOGRAPHICAL INDICATION UPDATES
Bihar’s Famous Shahi Litchi Accepted for GI Tag
Shahi Litchi, a famous variety grown in various north Bihar districts, was advertised by the Geographical Indication (GI) Registry. This unique variety of litchi is juicier with superior sugar acid blend compared to other varieties. It is said that the uniqueness is due to the high calcium content in the soil. Litchi was said to be an important fruit crop in the north Bihar regions since 1907. The Application was filed in 2016 by Bihar Agricultural University.
BANANAIP TIP OF THE WEEK
Trademarks do not require registration but your ability to enforce your rights across the country will be limited. If you however are a well-established mark that is not registered, you can claim passing off by a newly adopted mark that is same or similar.
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]