Indian Trademark Statistics for January (Second Week), Vans Sues Primark Over Sneaker Design, Overwatch League Sports Merchandise, Tripura Jackfruit Applied for GI, Hindware Victory in Trademark Infringement and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“A brand is something that has a clear-cut identity amongst consumers, which a company creates by sending out a clear, consistent message over a period of years until it achieved a critical mass of marketing”-Phil Knight
INDIAN TRADEMARK STATISTICS
The Indian Trademark Office has had a slow week in the past week. The total number of applications examined by trademark office has decreased by seven percent (7%). The total number of hearing notices issued has decreased by twenty nine percent (29%). However, the total renewal notices issued has increased by twenty seven percent (27%).
Weekly Indian Trademark Statistics
| Particulars | Last Week | This Week | Change in % |
| Total Trademark Applications Examined by Trademark Office | 9573 | 8876 | A decrease of 7% |
| Total Applications Disposed through Show Cause Hearings | 6552 | 5723 | A decrease of 8% |
| Total Applications Published in the Trademark Journal | 5861 | 7407 | An increase of 26% |
| Total Registrations Granted | 7097 | 3684 | A decrease of 48% |
| Total Hearing Notices Issued | 13263 | 9361 | A decrease of 29% |
| Total Renewals Notices Issued | 1356 | 1725 | An increase of 27% |
Total Number of New Applications Received from January 9th to January 16th, 2019
| Sr. No | Jurisdiction | New Applications | Examined | Published | Registered |
| 1 | AHMEDABAD | 720 | 581 | 541 | 329 |
| 2 | CHENNAI | 1240 | 775 | 1593 | 1035 |
| 3 | DELHI | 2776 | 1511 | 2157 | 1050 |
| 4 | KOLKATA | 374 | 263 | 251 | 220 |
| 5 | MUMBAI | 1886 | 949 | 1524 | 891 |
| Total | 6996 | 4079 | 6066 | 3525 |
Yearly Trademark Statistics
Trademark Statistics from January 9th, 2019 to January 16th, 2019
- Total Number of Trademark Applications Filed – 14315
- Total Number of Trademark Applications Examined – 8208
- Total Number of Trademark Applications Published – 11550
- Total Number of Trademark Applications Registered – 9673
INTERESTING BRAND NEWS
Samsung Crypto Wallet, a Crypto Currency Smartphone Maybe?
It might turn out to be an exciting new year for our technology enthusiasts. Going by the new trademark filing by Samsung Electronics, the South Korean electronics giant, a new crypto currency wallet may very well be available in the near future. Samsung has filed a new application for the mark ‘Samsung Crypto Wallet’ under class 9 for ‘smartphones, tablet computers amongst others’ with the UK IPO. With the new filings, Samsung may launch a new crypto currency-equipped smartphone with a built-in wallet feature.
INDIAN TRADEMARK UPDATES
Hindware Trademark Victory
Hindustan Sanitaryware & Industries Limited (HSIL) filed a permanent injunction to restrain Gujarat Ceramic Industries (GCI) from using the trademark ‘Hindustan Vitreous’ or ‘H Vitreous’ which is identical/deceptively similar to HSIL’s registered trademarks. HSIL, India’s largest manufacturer of sanitaryware products having presence over 50 cities in India is the registered trademark holder of the marks ‘H Vitreous Hindware’ since 1990. During a market search, HSIL discovered that GCI is selling sanitaryware products in the name of ‘H Vitreous’ in conjugation with Hindustan, which was the former corporate name of HSIL. The Delhi High Court opined that that HSIL has proved and established a case of infringement of registered trademarks, misrepresentation and unfair competition, passing off and dilution, blurring and tarnishment. The Court, therefore, passed a decree in favor of HSIL.
INTERNATIONAL TRADEMARK UPDATES
Vans Sues Primark for Trademark Infringement
Vans, the American shoe manufacturer, has filed a trademark infringement suit against Primark, an Irish fashion retail company, in New York Federal Court last month. Vans has alleged in the suit that Primark is infringing its trademark by selling copies of Vans’ skateboard sneakers, that are well known in the market for its stripes and soles. The lawsuit also includes unfair competition and false advertising and is claiming monetary damages, including “any and all profits derived by Primark from the sale or distribution of infringing products”. A notice had been sent to Primark earlier to cease the manufacturing and distribution of the infringing design, which was adhered to in the UK. However, it was later found by Vans that the infringing copies are still being sold in US showrooms. Primark is planning on defending its position against the lawsuit.
McDonald’s Bows Down to Supermac’s
In a major turn of events, McDonald’s, the American fast food major, has lost a suit to Supermac’s, an Ireland based fast food restaurant chain, over the use of the term ‘Big Mac’. Supermac’s had filed a request with the European Union Intellectual Property Office (EUIPO) to cancel the use of the trademark Big Mac under certain classes. EUIPO in its decision has cancelled the trademark, stating that the restaurant ‘had not proven genuine use of the contested trademark as a burger or as a restaurant name’. Supermac’s had filed the suit as McDonald’s had earlier succeeded in blocking Supermac’s from registering its name in UK and Europe, on the basis of the similarity in its name and Big Mac, a burger sold by McDonald’s.
BRAND LICENSING UPDATES
Overwatch League Sports Merchandise
Fanatics, the global leader for licensed sports merchandise has signed up a multi-year sports merchandise deal with Blizzard’s Overwatch League (OWL), the second largest global esports property. Under the deal, Fanatics has secured the international rights to manufacture and distribute OWL’s jerseys, headgear, fan gear, and other sports goods across all wholesale and retail channels. The deal will be implemented before the 2019 OWL season kicks off on 14th February.
GEOGRAPHICAL INDICATION UPDATES
Tripura Jackfruit GI
Tripura which produces a major share of jackfruit in India is considered to be the home of jackfruit and it is the reservoir of many year-round producing genotypes of the fruit. Jackfruit has high demand in local markets and a substantial volume is exported to Bangladesh. The suitable tropical climate supports luxurious growth of jackfruits scattered all over the state from hilly tracts to plains around the year. The application was filed by the North Eastern Regional Agricultural Marketing Corporation Limited (NERAMAC) in December, 2018.
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 contact@bananaip.com
