Weekly Trademark News: Scent as a Trademark?, Apple in Trouble for Memoji, Goan Chilli Applied for GI and Other News
Indian Trademark Statistics for October (First Week) 2018, Netflix Sued Over ‘Easy’ Trademark, H&M Collaborates With Morris & Co., Goan Chilli Applied as GI brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“Branding is the art of becoming knowable, likable and trustable” – John Jantsch
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark Office have had a slow week. The total number of applications published in the trademark journal has decreased by twenty three percent (23%). Similarly, the total number of renewals notices issued has decreased by twenty six percent (26%). However, the total hearing notices issued has increased by eighty percent (80%).
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||8614||8813||An increase of 2%|
|Total Applications Disposed through Show Cause Hearings||7868||7611||A decrease of 3%|
|Total Applications Published in the Trademark Journal||12036||9254||A decrease of 23%|
|Total Registrations Granted||7948||6221||A decrease of 21%|
|Total Hearing Notices Issued||6460||11637||An increase of 80%|
|Total Renewals Notices Issued||1160||856||A decrease of 26%|
Trademark Statistics by Office
Total Number of New Applications Received from September 27th to October 3rd , 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2018 to October 3rd, 2018
- Total Number of Trademark Applications Filed – 235636
- Total Number of Trademark Applications Examined – 111116
- Total Number of Trademark Applications Published –113514
- Total Number of Trademark Applications Registered – 259445
INTERESTING BRAND NEWS
Scent as a Trademark
Even though the non-conventional trademarks are still developing, especially scent trademark, one more company has joined the list of filing unusual trademarks. Hasbro Inc., the American multinational toy company, has been granted registration for Non-Visual Play-Doh Scent mark. The mark had been filed for toy modelling compounds under class 28 and the mark is described as ‘The mark is a scent of a sweet, slightly musky, vanilla fragrance, with slight overtones of cherry, combined with the smell of a salted, wheat-based dough’. Hasbro has claimed acquired distinctiveness based on 5+ years of use.
INDIAN TRADEMARK UPDATES
Does A Device Mark Registration Extends Protection to Word Mark?
Shambunath & Bros., the directors of Toofan Fan Industries Pvt. Ltd., the registered proprietor of the mark ‘TOOFAN’ had filed for a permanent injunction against Imran Khan to restrain the use of the trademark SNJ TOOFAN with respect to products that are the same. The mark TOOFAN was adopted in 1987 and was registered in relevant trademark classes. Imran Khan argued that Shambunath obtained registration for the device mark TOOFAN and not for the word mark, therefore, no exclusivity can be claimed for the word mark TOOFAN. The Court held that, on comparison of the said two marks and having regard to the field of activity and the nature of the products, there cannot be any doubt that the mark “SNJ TOOFAN” is deceptively similar to the mark “TOOFAN” which is already registered. Further, Court opined that the mark ‘TOOFAN’ is the stand alone mark and it is one in itself. If the entirety of the mark is registered as a whole then it is also tantamount to registration of the essential feature or part of that mark. Therefore, even if the mark obtains only a device mark registration, it still can be considered as passing off if the essential elements of the mark have been copied.
INTERNATIONAL TRADEMARK UPDATES
Netflix Sued Over Easy Trademark
Stelios Haji-Ioannou, founder of the low budget British airline EasyJet, has filed a trademark infringement suit against Netflix for using the trademark ‘easy’. Stelios has claimed that Netflix’s use of the term easy for their show is infringing its registered trademark in Europe. The suit filed in UK is seeking an injunction against Netflix to stop their use in the European Union as well as 10,000 Pounds in damages.
Apple in Trouble for Memoji
Apple Inc., the multibillion-dollar tech conglomerate has found itself in a new lawsuit over Memoji, the marketing name of Apple’s new 3D imaging feature for iOS 12. Social Tech, an Android app maker, has filed a suit against Apple in California, claiming that the Apple’s Memoji feature is infringing its registered trademark ‘MEMOJI’. Social Tech has applied for the trademark in April 2016 and had been granted registration in September 2018.
TRADEMARK LICENSING UPDATES
H & M Collaborates with Morris & Co.
Hennes & Mauritz AB, popularly known as H&M, the Swedish clothing retail major has joined hands with British interior design brand Morris & Co., to launch a new clothing collection. The joint collaboration features some of the most recognized prints of Morris which can be seen on a wide range of strong tailored coats, jackets and trousers amongst other clothes. The new collection will be available globally through retail as well as online stores from 4th October.
GEOGRAPHICAL INDICATION UPDATES
Goan Chilli Applied for GI
Khola Chilli also known as Canacona chilli, is a locally grown Goan chilli known for their intense red colour and medium pungent taste. The indigenous Goan product has been recently filed for as a Geographical Indication with the Geographical Indication Registry. The application has been jointly applied for by The Khola/Canacona Chilli Cultivator’s Group Association (TKCCGA) and the Department of Science & Technology (DST), Government of Goa.
BANANAIP TIP OF THE WEEK
Honest and concurrent use of the same or similar trademark by two parties may be permitted by the Trademark Registry with some possible geographical or industry restrictions.
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]