Weekly Trademark News: Simmba Trademark License, Funfine Defeats Freefun, Rajinikanth New Trademarks, Jacket Design as a Trademark, and other news
Recent Indian Trademark Statistics, The Girl Scout vs. The Boy Scout, New Trademarks by Rajinikanth, Simmba Movie Trademark License, Pethapur Blocks Obtains GI Registration and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“A brand is a promise. A good brand is a promise kept”-Muhtar Kent
INDIAN TRADEMARK STATISTICS
The Indian Trademark Office has picked up its pace with the upcoming year. The total number of applications published in the Trademark Journal as well as the total number of hearing notices issued has increased by thirteen percent (13%). There has also been an increase in the total number of registrations granted by seven percent (7%). However, the total renewals notices issued has decreased by sixty-four percent (64%).
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||7473||7208||A decrease of 4%|
|Total Applications Disposed through Show Cause Hearings||5574||5775||An increase of 4%|
|Total Applications Published in the Trademark Journal||8199||9281||An increase of 13%|
|Total Registrations Granted||8088||8629||An increase of 7%|
|Total Hearing Notices Issued||6338||7158||An increase of 13%|
|Total Renewals Notices Issued||1371||2255||An increase of 64%|
Trademark Statistics by Office
Total Number of New Applications Received from December 26th 2018 to January 2nd, 2019
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2018 to December 31st, 2018
- Total Number of Trademark Applications Filed – 311080
- Total Number of Trademark Applications Examined – 147512
- Total Number of Trademark Applications Published – 126652
- Total Number of Trademark Applications Registered – 327294
INTERESTING BRAND NEWS
Jacket Design as Trademark
Barbour & Sons Ltd, a luxury British brand has filed a trademark application to register the design of a jacket as a trademark with the USPTO. The trademark consists of three-dimensional configuration which includes “the configuration of pocket placement, zipper design, and zipper flap’. In order to successfully get a registration, the mark is required to show that it is non-functional and is inherently distinctive or has acquired distinctiveness in the marketplace.
INDIAN TRADEMARK UPDATES
Funfine Defeats Freefun
Parul Food Products Ltd, engaged in the manufacturing of confectionery products since 2005, filed for a permanent injunction restraining Gurudev Industries from the use of the trademark ‘FREEFUN’, which bears the packaging identical to Paruls’ registered trademark FUNFINE. During the routine market survey in Delhi, it was discovered that Gurudev Industries was using the trademark ‘FREEFUN’ with a packaging and trade dress identical to that of FUNFINE. This is likely to cause confusion and/or deception in the minds of consumers that the products originate from Parul Foods. In furtherance, the Court appointed a local commissioner and upon inspection it was found that Gurudev Industries was using the infringed trademark and all the products were seized. The Court opined that Gurudev Industries had no real prospect of defending the claims as they have neither made a court appearance nor filed a written statement. Therefore, a decree of permanent injunction is passed in favour of Parul Foods.
INTERNATIONAL TRADEMARK UPDATES
The Girls Scout vs. The Boy Scout
The Girl Scouts of the United States of America has filed a suit against The Boy Scouts of America (TBSA), claiming that the term ‘SCOUT’, ‘SCOUTING’ and ‘SCOUTS BSA’ being used by TBSA is infringing its intellectual property. According to the complaint filed in the U.S. District Court for the Southern District of New York, The Girl Scouts alleges that the use of the term SCOUT and its variants by TBSA violates its trademark rights and is diluting its trademark, which will in turn cause confusion amongst the public. The Girl Scouts of the United States of America is an enrichment program for girls. The present issue rose when TBSA announced that it would begin admitting girls into program. TBSA is yet to file a response to the suit.
Rajinikant Files New Trademark Applications
Rajinikant, the veteran South Indian actor and politician, has filed new trademark applications with the Indian Trademark Registry. The actor has filed applications for ‘Rajini TV’ and ‘Thalaivar TV’ amongst other applications under class 38 and 41, which primarily deals with broadcasting and entertainment. The marks have been filed under the name of VM Sudhakar, an associate of Rajinikant.
BRAND LICENSING UPDATES
SIMMBA Trademark License
Sona Beverages Pvt Ltd, the owner of the emerging craft beverage venture, SIMBA has licensed the usage of the trademark SIMBA to Rohit Shetty Picturez LLP for the Ranveer Singh and Sarah Ali Khan starrer ‘Simmba’. In November, Sona Beverages had moved the Delhi High Court seeking to restrain Rohit Shetty Picturez from exploiting their registered trademark SIMBA. Later, the parties entered into a settlement by executing a trademark license agreement.
GEOGRAPHICAL INDICATION UPDATES
Pethapur Blocks Receives GI Registration
The famous wooden printing blocks of Pethapur has obtained GI registration recently. Pethapur known for its rich legacy of block making for the textile industry is located 7km from Gandhinagar. The prints have historic references to Thailand via ‘Saudagiri prints’ which were created for the Thai market, but later on became well-liked in Gujarat. The application was filed in 2017 by the Gujarat Council on Science and Technology. Pethapur blocks are the 15th product to obtain GI from Gujarat.
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]