Weekly Trademark News: Trademark Win for MakeMyTrip, Forget Winter, GOT Themed Makeup Collection is Coming Soon, Warner Bros Runs Out of Harry Potter Magic and Other News
Indian Trademark Statistics for March (Fourth Week), Apple Loses Trademark Case to Swatch, Rajasthan Royals Launches Athleisure Line, Trademark Win for MakeMyTrip, Tamil Nadu’s Thirubuvanam Silk Saree Gets GI and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“Humans are genetically hardwired to notice differences and differences are often what attract people to your brand in the first place” – Denise Lee Yohn
INDIAN TRADEMARK STATISTICS
In the last week, we have seen increased productivity from the Indian Trademark Office. The total number of applications disposed through show cause hearing has increased by thirty eight percent (38%). Similarly, the total number of renewals notices issued has increased by twenty three percent (23%).However, the total number of hearing notices issued has decreased by forty five percent (45%).
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||6048||6318||An increase of 4%|
|Total Applications Disposed through Show Cause Hearings||6300||8714||An increase of 38%|
|Total Applications Published in the Trademark Journal||7749||7783||An increase of 0.4%|
|Total Registrations Granted||7874||7812||A decrease of .7%|
|Total Hearing Notices Issued||8326||4617||A decrease of 45%|
|Total Renewals Notices Issued||1560||1916||An increase of 23%|
Trademark Statistics by Office
Total Number of New Applications Received from March 27th, 2019 to April 3rd, 2019
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 01st, 2019 to April 3rd, 2019
- Total Number of Trademark Applications Filed – 88310
- Total Number of Trademark Applications Examined – 43751
- Total Number of Trademark Applications Published – 87793
- Total Number of Trademark Applications Registered – 74881
INTERESTING BRAND NEWS
Really Bad Rum Cake
We are not sure what the owner of the present mark is trying to say here, but it may as well be a caution. Doc Brown Enterprises, a US based entity, has been granted registration for the mark ‘REALLY BAD RUM CAKE’ for, well you guessed it right, cakes. The mark was granted registration in 2016. Why would anyone want to trademark such a term is perplexing but nonetheless you have to admit it does get your attention. Let’s hope that the customers do not take the term literally and stop buying these cakes.
INDIAN TRADEMARK UPDATES
Trademark Win for MakeMyTrip
The online travel company, MakeMyTrip, filed for a permanent trademark injunction to restrain Pravasi Guide Pvt Ltd from using the deceptively similar mark ‘MakeMyPravaas’ and the domain www.makemypravaas.com with respect to online travel. MakeMyTrip started using the brand name in 2000 and is the registered holder of the trademarks and the domain www.makemytrip.com. The High Court of New Delhi opined that Pravasi Guide has no real prospect in defending the claim and there is a clear case of infringement to MakeMyTrip’s reputation and goodwill. The Court therefore passed an ex-parte permanent injunction in favour of MakeMyTrip.
INTERNATIONAL TRADEMARK UPDATES
Warner Bros Runs Out of Harry Potter Magic
Warner Bros. (WB), the American entertainment major seems to have hit a snag in the magic world. The U.S. Patent and Trademark Office (USPTO) in an initial office action, has denied registration for the term ‘I Solemnly Swear That I Am Up To No Good’. The term is a common phrase occurring in the Harry Potter book series, authored by J.K. Rowling. WB, the producer of the movie, had applied for the term in a number of classes which prominently covers merchandising and accessories. The USPTO in its reasoning has stated that the term would ‘falsely suggest a connection’ with the author, as the application is filed by WB alone, along with the fact that the term is an informational slogan commonly used in everyday parlance. WB now has six months of time to respond to the objections raised.
Tick Tock, The Clock Runs Out, Apple Loses Trademark Case to Swatch
Time may not be on Apple’s side. In a recent ruling, a Swiss court has stated that the term ‘Tick Different’ used by Swatch, a Swiss watchmaker, does not infringe Apple’s trademark ‘Think Different’. Apple, the technology giant, had filed a suit in 2017, claiming that the Swiss company’s phrase ‘Tick Different’ is confusingly similar to its slogan ‘Think Different’ which it has used throughout the 90’s. However, the Swiss court in its ruling has stated that ‘Think Different’ was not well known among Swiss consumers and Apple failed to produce the necessary evidence backing their claim.
BRAND LICENSING UPDATES
Forget Winter, GOT Themed Makeup Collection is Coming Soon
With the Game of Thrones (“GOT”) fever going strong, Urban Decay, a cosmetic brand subsidiary of L’Oreal has collaborated with the series to launch the official makeup collection inspired by the favourite places in Westeros and the strong women of the Seven Kingdoms. The limited-edition collection includes an eye shadow Palette, lip and cheek tint, highlighter trio, eyeliners and lipsticks to be launched on April 14th.
Rajasthan Royals Launches Athleisure Line
Rajasthan Royals, the IPL franchise from Jaipur, recently partnered with the sportswear brand Alcis Sports to launch an athleisure collection by the name ‘The Royal Collection by Alcis’. The collection encompasses match jersey inspired fanwear and athleisure. The collection is available at Alcis’ exclusive stores and on e-commerce sites such as Myntra, Amazon, Flipkart, and Snapdeal.
GEOGRAPHICAL INDICATION UPDATES
Tamil Nadu’s Thirubuvanam Silk Saree Gets GI
Geographical Indications Registry of the Government of India recently issued the GI tag to Thirubuvanam Silk Sarees, the traditional hand-woven silk sarees from the city of Thirubuvanam in Thanjavur District. It is said to take 15 days to complete the creation of the saree and filature silk is used for both warp and weft, resulting in high quality, uniform and high luster sarees. The application was filed by Thirubuvanam Silk Handloom Weavers Co‐operative Production and Sale Society Limited in 2014.
BANANAIP TIP OF THE WEEK
The burden of proving consumer confusion is on you when another party is using a trademark that is same or similar to yours. Evidences could be actual instances of consumers mistaking your product or service with the other party’s.
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]