“Indian Trade Mark Statistics for February (Fourth Week) 2017, BBC Trade Mark Battle in China, Ralph Lauren Going to the Dogs, Femina Flaunt Eyewear, Assam Elephant Apple GI and more Weekly Trade Mark News” brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels.
TRADE MARK QUOTE OF THE WEEK
“The ideal trademark is one that is pushed to its utmost limits in terms of abstraction and ambiguity, yet is still readable. Trademarks are usually metaphors of one kind or another. And are, in a certain sense, thinking made visible.” – Saul Bass
INDIAN TRADE MARK STATISTICS
The Indian Trade Mark Office had a slow week in comparison to the previous week. The total number of applications examined has decreased by thirteen percent (13%). There has been a decrease in the total number hearings issued by forty two percent (42%). However, the total registration granted has increased by ten percent (10%).
Weekly Indian Trade Mark Statistics
|Change in %
|Total Trade Mark Applications Examined by Trade Mark Office
|A decrease of 13%
|Total Applications Disposed through Show Cause Hearings
|A decrease of 13%
|Total Applications Published in the Trade Mark Journal
|An increase of 17%
|Total Registrations Granted
|An increase of 10%
|Total Hearing Notices Issued
|A decrease of 42%
|Total Renewals Notices Issued
|A decrease of 14%
Trade Mark Statistics by Office
Total Number of New Applications Received from February 21st to February 28th, 2018
Yearly Trade Mark Statistics
Trade Mark Statistics from January 01st, 2018 to February 28th, 2018
- Total Number of Trade Mark Applications Filed – 47599
- Total Number of Trade Mark Applications Examined – 30401
- Total Number of Trade Mark Applications Published – 68336
- Total Number of Trade Mark Applications Registered – 5442
INTERESTING TRADE MARK
RUFF LAUREN for Dogs
If you are a dog lover, then it’s time to get excited! Ralph Lauren, has filed a federal trade mark application for the mark “RUFF LAUREN’ with the USPTO for a potential dog apparel line. The mark has been filed on an intent to use basis in class 18 for products such as dog apparel, dog collars and dog collar accessories. The mark has been filed by PRL USA Holdings, Inc., the holding company of Ralph Lauren.
INDIAN TRADE MARK UPDATES
M/S. Aero Club (Plaintiff) v. Mr. Sahibjeet & Anr (Defendant)
Subject- Trade Mark Infringement, Passing Off, Counterfeit Products
Brief Facts: The Plaintiff is engaged in the business of manufacturing, selling and exporting footwear, apparel and lifestyle products under the trade marks WOODLAND, WDL, TREE DEVICE and the Woodland Label. The Plaintiff has been extensively and continuously using the trade mark WOODLAND for almost 25 years. The Plaintiff is also the registered proprietor of the mark WOODLAND. It came to the knowledge of the Plaintiff that a large number of counterfeit products bearing the Plaintiff’s registered trade marks are being sold by the Defendants which are substandard in quality. The Plaintiff filed for a trade mark infringement suit seeking permanent injunction against the Defendants claiming that the Defendant’s use of the marks WOODLAND and similar marks/labels constitutes infringement and passing off.
Judgement: The Delhi High Court held that the adoption and use of the Plaintiff’s registered trade marks by the Defendants constitutes trade mark infringement and passing off and is likely to deceive the customers into believing that the products are authentic products of the Plaintiff. The Court therefore passed an ex-parte order in favor of the Plaintiff restraining Defendants from using the mark WOODLAND or any mark similar to that of the Plaintiff.
BBC Files Lawsuit Against iYuba
The British Broadcasting Company (BBC) has filed a trade mark infringement suit before the Beijing District Court against iYuba, an English learning mobile application, for using BBC’s trade mark and content on its apps, websites and social media without any prior authorization. BBC, in the suit has also sought USD 78,950 in compensation. Further, BBC claims to have nearly 400 registered trade marks in China, out of which 60 contain the mark “BBC”.
TRADE MARK LICENSING UPDATES
Powerpuff Girls Womenswear to be Launched
Cartoon Network has teamed up with British fashion designer Katie Eary to launch a line of “The Powerpuff Girls” themed womenswear. The Autumn/Winter 2018 collection includes tops, sweatshirts, dresses, trousers and “mini-me” collection for women and young girls. The Powerpuff Girls is a popular American superhero animated television series. The collection will be available for sale later this year at select department stores and boutiques worldwide. This collaboration is a part of 20th anniversary celebration of the series.
Femina Flaunt Launches Eye Wear
Femina Flaunt, the retail arm of media company, Bennett, Coleman and Co. Ltd (BCCL), has entered into a collaboration with IRIS Brands LLP, to launch Femina Flaunt collection of eyewear. The collection including sunglasses and optical will be available across 200 outlets and will be priced in the range of INR 4,000 to 17,000.
GEOGRAPHICAL INDICATION UPDATES
Assam Elephant Apple Filed for Geographical Indication (GI)
Elephant Apple, locally called as Outenga, is found wild in different reserve forests throughout the state of Assam. It is a traditionally used fruit in preparing fish curry and dal. It is also used as a part of traditional medicine. The GI application is filed by North Eastern Regional Agricultural Marketing Corporation Ltd. (NERAMAC) to help the Outenga get a distinctive identity at a national and international level, and to facilitate the commercial utilization of the product.
BANANAIP TIP OF THE WEEK
A registered trade mark (statutory rights) gives you the ability to enforce trade mark rights nationally, whereas an unregistered mark (common law rights) will have limited ability to enforce rights beyond the small geography where it is known.
Author: BIP Trade Mark Attorneys
BIP’s Trade Mark 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 trade mark filing, prosecution, registration, management, licensing, franchising, merchandizing and strategy.
The weekly trade mark news initiative is a part of their pro bono work, and is aimed at spreading trade mark 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 Trade Mark Attorneys –[email protected]