Weekly Trademark News: Snapdeal Launches ‘Brand Shield’, Virat Kohli Enters Fragrance Segment, Apple Music for Business, and other news
Indian Trademark Statistics for December (Second Week) 2018, Starbucks to Defend its Products, Rock the Bells in Legal Trouble, Restaurant Chain Barcelos to Expand in India, Passion Fruit GI and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“Branding is not just about being seen as better than the competition. It’s about being seen as the only solution to your audience’s problem”- John Morgan
INDIAN TRADEMARK STATISTICS
The Indian Trademark Office has had a mixed week. The total number of the applications disposed through show cause hearings has decreased by fourteen percent (14%). Similarly, the total number of registrations granted has decreased by ten percent (10%). However, the total applications published in the trademark journal has increased by twenty six percent (26%).
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||9201||9551||An increase of 4%|
|Total Applications Disposed through Show Cause Hearings||7675||6607||A decrease of 14%|
|Total Applications Published in the Trademark Journal||7094||8969||An increase of 26%|
|Total Registrations Granted||7835||7057||A decrease of 10%|
|Total Hearing Notices Issued||7551||9375||An increase of 24%|
|Total Renewals Notices Issued||1477||1902||An increase of 29%|
Trademark Statistics by Office
Total Number of New Applications Received from December 5th to December 12th, 2018
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2018 to December 12th 2018
- Total Number of Trademark Applications Filed – 292867
- Total Number of Trademark Applications Examined – 140049
- Total Number of Trademark Applications Published –123980
- Total Number of Trademark Applications Registered – 307855
INTERESTING BRAND NEWS
Apple Music for Business
Apple Inc, the American technology major has filed new applications for the mark ‘Apple Music for Business’ with the USPTO. The mark has been filed under two classes which mainly covers broadcasting of music and videos. All businesses, specially radio stations, bars and restaurants require a license from performing rights organizations in order to play music/videos legally. However, companies such as Spotify eliminate this step and provide music to such business owners that include the proper licensing. The present filings may very well be an indication that Apple Music is expanding its services and is trying to venture into such licensing models as well.
INDIAN TRADEMARK UPDATES
Snapdeal Introduces ‘Brand Shield’
E-commerce major Snapdeal announced it is launching ‘Brand Shield’, an anti-counterfeiting program. Based on the inputs received from various brand owners, Snapdeal launched this program aiming to enable a systematized interaction between the platform and brands. Under Brand Shield, there will be an online triple check point process for brands to report any violation of their Intellectual Property rights including trademarks, copyrights, designs or patents.
Starbucks Defends its Products
It might come across as a shock to many coffee lovers as well as merchandize collectors, but the Starbucks branded coffee mugs and other related products might be fake. Starbucks Corporation, the American coffee chain has filed cases against a number of individuals/firms to stop the supply of fake Starbucks products in the market. In addition to this, a raid has also been conducted in Delhi’s Sadar Bazaar area which uncovered several counterfeit products being sold using Starbucks’ logo and trademark. Starbucks India is a joint venture between Starbucks Corporation and TATA Global beverages.
INTERNATIONAL TRADEMARK UPDATES
Rock the Bells in Trouble
LL Cool J, an American hip hop recording artist, filed a trademark infringement suit against Guerilla Union, the founders of the annual hip-hop festival ‘Rock the Bells Music Festival’. The rapper has alleged Guerilla Unions’ usage infringes his 1985 hit single title – “Rock the Bells”. According to the lawsuit, the promoters of the music festival had obtained trademark registrations for ‘Rock the Bells’ and later the registrations were cancelled due to the petitions filed by the rapper for non-use of the trademark. Thereafter, the term was filed by the rapper himself under various classes. LL Cool J has claimed trademark infringement, false designation of origin, affiliation or association, cyberpiracy, unfair competition as well as rendition of any profits received from the use of the mark.
BRAND LICENSING & FRANCHISING UPDATES
Virat Kohli Now Enters Fragrance Segment
Cricketing ace Virat Kohli had launched his athleisure brand One8 last year in collaboration with the German sports lifestyle brand, Puma. Expanding the portfolio, the cricketer has now forayed in the fragrance segment which includes perfumes, deodorants and pocket sprays created in France. The products will be exclusively sold on Myntra and multi brand stores in the country.
Restaurant Chain Barcelos to Expand in India
South African restaurant chain, Barcelos is preparing to expand its business in India by adding 12 more outlets by the year 2020. The restaurant chain running on a franchise model, currently has outlets in Delhi, Lucknow, Kolkata, Jaipur, Hyderabad and Mumbai. Barcelos opened its first store in Pretoria, South Africa in 1993 and is now present in 22 countries.
GEOGRAPHICAL INDICATION UPDATES
Passion Fruit GI
Passion Fruit is the third most important fruit of Mizoram after mandarin and bananas. The climate of the state is well suited for purple passion fruit cultivation due to the moderate temperature, rainfall and frost free winters. The fruit is mainly used in preparation of squash, candy, sherbets, beverages and also eaten as dessert. Passion Fruit is also used as a traditional medicine to treat jaundice and liver problems. The application was filed by the Department of Horticulture, Government of Mizoram in November, 2018.
BANANAIP TIP OF THE WEEK
The last stage in a trademark application process with the Indian Trademark Office is the publication stage, where during a four month period, anyone in the general public has the opportunity to file an opposition to a trademark application from being granted. The reasons for opposition can be that it is confusingly similar to your mark and therefore may mislead the public as to source.
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]