Indian Trademark Statistics for January (Third Week), The Hotel Ritz Paris Wins Trademark Battle, Drake Loses Exclusive Rights Over ‘6IX’, Lindsay Lohan Discotheque, Naga Cucumber 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 picked up its pace in the past week. The total number of applications examined by trademark office has increased by ten percent (10%). The total number of applications published in the trademark journal has increased by twenty two percent (22%). However, the total hearing notices issued has decreased by ninety one percent (91%).
Weekly Indian Trademark Statistics
|Particulars||Last Week||This Week||Change in %|
|Total Trademark Applications Examined by Trademark Office||8876||9793||An increase of 10%|
|Total Applications Disposed through Show Cause Hearings||5723||6605||An increase of 15%|
|Total Applications Published in the Trademark Journal||7407||9050||An increase of 22%|
|Total Registrations Granted||3684||5077||An increase of 38%|
|Total Hearing Notices Issued||9361||880||A decrease of 91%|
|Total Renewals Notices Issued||1725||2289||An increase of 33%|
Trademark Statistics by Office
Total Number of New Applications Received from January 16th to January 23rd, 2019
|Sr. No||Jurisdiction||New Applications||Examined||Published||Registered|
Yearly Trademark Statistics
Trademark Statistics from January 1st, 2019 to January 23rd, 2019
- Total Number of Trademark Applications Filed – 21449
- Total Number of Trademark Applications Examined – 12666
- Total Number of Trademark Applications Published – 19132
- Total Number of Trademark Applications Registered – 14503
INTERESTING BRAND NEWS
Lindsay Lohan Files Trademark for Discotheque
It is not unheard of for an actress to open up their own beauty line, however, Linsay Lohan has never been one to follow the herd. The American actress and singer has filed new trademark applications under her name ‘Lindsay Lohan’ along with logos of her initials with the USPTO for dance club services as well as discotheques. The present applications have been filed after the release of her new show named Lindsay Lohan’s Beach Club.
INDIAN TRADEMARK UPDATES
The Hotel Ritz Paris Wins Trademark Battle
The Hotel Ritz Paris, one of the most popular hotels in Paris filed for a permanent injunction to restrain Canada Fly Consultancy from infringing its registered trademark RITZ. The Canada Fly Consultancy based out of Mumbai was claiming to be a government registered firm and providing employment consultancy and placement services in hotel industry overseas by using a domain name www.ritzparis007.com and email address [email protected]. The Hotel started receiving several complaints from the public regarding job openings in the Ritz Paris as the Consultancy was using the above stated domain name and email address on the offer letters along with the Hotel’s company seal. The Court noted that the said illegal activities of the Consultancy are solely motivated to dupe aspiring candidates in the name of providing overseas employment in the hotel industry by using the Hotel Ritz Paris trademark and domain name/email with a malafide intent to gain mileage from the goodwill and reputation of the Hotel’s registered trademark. The Court, therefore, passed a decree in favor of Hotel Ritz and ordered the Consultancy to pay Rs. 1 lakh as compensatory damages.
INTERNATIONAL TRADEMARK UPDATES
Drake Loses Exclusive Right Over ‘6IX’
Drake, the Canadian rapper has lost a trademark case for the exclusive use of the mark ‘6IX’. October’s Very Own (OVO), a company owned by Drake, had opposed the registration of the mark ‘6IX’ filed by a Canadian DJ Di Cosmo with the Canadian Intellectual Property Office (CIPO), for providing T-shirts as well as DJ services. The opposition was filed as OVO had also applied for the registration of the same mark for apparels in 2015. The CIPO in its judgment has allowed the opposition and thereby refusing DJ Di Cosmo’s use of the mark for apparels. But, the CIPO has allowed the registration of the mark for DJ related services. Though the judgment did not grant blanket rights over the trademark to the rapper, it has allowed him to use ‘6IX’ for apparels.
What’s in a Name Rihanna?
Barados singer Robyn Rihanna Fenty, popularly known as Rihanna, has filed a case against her father Ronald Fenty for the use of the trademark ‘Fenty’. Rihanna has trademarked her surname ‘Fenty’ and has been using the same for her cosmetic range Fenty Beauty. Rihanna has claimed in the lawsuit that the trademark ‘Fenty’ has been used by her father for his company Fenty Entertainment since 2017, and the company has been gaining undue profit by banking on the popularity of her beauty line. The singer has also sued Moses Perkins, co-founder of Fenty Entertainment, for fraudulent misrepresentation as fraudulent bookings have been made in her name, as she has no association with the company. Rihanna is seeking an injunction as well as damages.
BRAND LICENSING UPDATES
Athleisure Makeup Collection by ‘Puma x Maybelline’
Maybelline New York has collaborated with the global sportswear brand Puma to create athleisure inspired range of makeup products. The ‘Puma x Maybelline’ will be a 12 piece makeup collection featuring smudge proof mascara, long lasting lipsticks, metallic and matte eye sticks and gloss face sticks. This collection is said to target young consumers who prioritize an active lifestyle where gym meets the runaway.
Oyo to Expand into Philippines
Oyo Rooms, one of the fastest growing hotel chains in India is planning to expand its international footprint by entering Philippines. Other than India, Oyo currently has a presence in the UK, UAE, China, Indonesia, Malaysia and Nepal with over 13,000 franchised and leased hotels.
GEOGRAPHICAL INDICATION UPDATES
Naga Cucumber GI
Cucumber is one of the major vegetable crops of Nagaland and accounts for a significant portion of India’s production. Naga cucumbers differ in taste, shape and sizes from those available in other parts of India. They are soft, juicy and sweet. Naga cucumbers are also low in calories but high in potassium and contain high level of water. The application was filed by the North Eastern Regional Agricultural Marketing Corporation Limited (NERAMAC) in December, 2018.
BANANAIP TIP OF THE WEEK
A person’s name cannot be trademarked unless it has acquired distinctiveness like a celebrity’s name where under certain restrictions a trademark will be granted. The restrictions might not permit the celebrity to stop the usage of their trademark in lines of business that they are not affiliated with.
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]