Weekly Trademark News: Samsung Trademark Infringement, Scotch Whisky Association Loses Trademark Battle, Sirsi Supari GI and Other News
Indian Trademark Statistics for March (Third Week), Scotch Whisky Association Loses Trademark Battle, The Voice of Wrestling Trademark, Miniso Not Mini Any more and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“The investment you make into a brand makes its name worth it” – Bernard Kelvin Clive
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark Office has had a mixed week. The total number of registrations granted as well as renewals notices issued has increased by thirty nine percent (39 %). Similarly, the total number of applications examined has increased by twenty three percent (23 %). However, the total number of hearing notices issued has decreased by seven percent (7 %).
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||7026||8644||An increase of 23%|
|Total Applications Disposed through Show Cause Hearings||5798||6711||An increase of 16%|
|Total Applications Published in the Trademark Journal||7949||7743||A decrease of 3%|
|Total Registrations Granted||5661||7844||An increase of 39%|
|Total Hearing Notices Issued||6959||6440||A decrease of 7%|
|Total Renewals Notices Issued||1496||2074||An increase of 39%|
Trademark Statistics by Office
Total Number of New Applications Received from March 13th, 2019 to March 20th, 2019
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2019 to March 20th, 2019
- Total Number of Trademark Applications Filed – 76563
- Total Number of Trademark Applications Examined – 38699
- Total Number of Trademark Applications Published – 74303
- Total Number of Trademark Applications Registered – 61661
INTERESTING BRAND NEWS
The Voice of Wrestling Trademark
Jim Ross, an American wrestling commentator, associated with big brands such as World Wrestling Entertainment (WWE), National Wrestling Alliance and World Championship Wrestling (WCW), has filed a new trademark application for the mark ‘The Voice of Wrestling’. The mark filed under J.R.’s Blackhat Enterprises has been filed under class 41 for entertainment services. The mark has been filed by him as his term with WWE comes to an end later this year. It is not uncommon for public figures to file trademarks which can be exploited later on for monetary gains.
INDIAN TRADEMARK UPDATES
Samsung Trademark Infringement
Samsung Electronics Company Limited filed for a permanent injunction to restrain Lakhan A & Others (Defendants) from using the identical SAMSUNG trademarks in respect of mobile phones, accessories and such allied goods. On an ex-parte ad interim injunction passed by the Delhi High Court in favour of Samsung, the Local Commissioners conducted raids on the premises of the Defendants and large quantities of infringing goods were recovered from the said premises. The Delhi High Court noted that Lakhan A & Others had no real prospect of defending the claims and had failed to appear before the court. The Court, therefore, issued a decree in favour of Samsung.
INTERNATIONAL TRADEMARK UPDATES
Scotch Whisky Association Loses Trademark Battle
Scotch Whisky Association (SWA), a trade organization representing the Scottish whisky industry, has lost the right over the word ‘Tartan’. Isetan Mitsukoshi, a Japanese retailer had filed a trademark application for the word ‘Tartan’ with the Intellectual Property Office of Singapore (IPOS), which was opposed by SWA. SWA while opposing the application had stated that the word Tartan cannot be trademarked as it acts as a geographical indication (GI). SWA claimed that Tartan is “an iconic symbol of Scotland” and can be used as a GI for whiskey. However, dismissing the contention, the IPOS stated that Tartan is in fact not a GI, as for a product to be identified as a GI, it should possess quality, reputation or other characteristics attributable to their origin. Since there is no evidence to show that Tartan is used to identify goods from Scotland or show what characteristics ‘Tartan’ whiskies possess, it fails to qualify as a GI. The IPOS has therefore dismissed the opposition and the application shall proceed further.
Sweet Pete’s Settle Trademark Dispute with Sugarfina
Sweet Pete’s, a Florida based candy store, has agreed to pay $2 million to a California based candy store designed for adults, Sugarfina, in a trademark dispute. Sugarfina had filed a lawsuit against the Florida based candy store in 2017, alleging that Sweet Pete’s had knowingly copied the packaging design as well as its trademarks. Apart from the amount, the details of the settlement have not been made public.
BRAND LICENSING UPDATES
Miniso Not Mini Anymore
Miniso, a Chinese retail chain, has joined hands with Cartoon Network (CN) to launch a 264 item collection based on the series Adventure Time, a popular cartoon series broadcasted by CN. The products will include plushies, stationery, gifts and accessories. The merchandise will consist of characters such as Finn, Jake, Bmo and Lumpy Space Princess. Miniso will be selling the products across 62 countries with distribution across Europe, Asia, Africa, North and South America.
Cannon Expands Further
Iconix Brand Group, Inc has announced two licensing deals for its Cannon brand. Cannon established in 1887 is a heritage home brand widely recognized. Cannon has signed licensing deals with Pem America for fashion bedding, blankets, sheets, alternative utility bedding comprising the territories of U.S, Canada and Mexico; and Blue Ridge Home Fashions for natural fiber and down utility bedding comprising the territories of U.S and Canada. Both licensees will cater to designing, manufacturing and distributing Cannon products across their corresponding categories.
GEOGRAPHICAL INDICATION UPDATES
Sirsi Supari GI
Registrar of Geographical Indications, Government of India conferred a GI Tag for “Sirsi Supari”, also known as arecanut or betel nut, grown in Sirsi, Siddpaur and Yellapur taluks of Uttara Kannada district in Karnataka. ‘Sirsi Supari’ of Karnataka is unique in taste from arecanuts grown in other parts of the country due to the differences in the chemical composition. The application was filed by The Totgars Co-Operative Sale Society Ltd, a Sirsi based agro co-operative in 2013.
Author: BIP Trademark Attorneys
Led by Sanjeeth Hegde, BIP’s Trademark Attorneys are among the leading experts in the field. They work on trademark filing, prosecution, management, licensing, franchising, merchandizing, litigation, and strategy for clients such as PEPS, Yash Raj Films, Dharma Productions, Essilor, Samsung and the IITs.
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]