Interesting trademarks, Delhi Public School Trademark Dispute, Foodistan Trademark Dispute, Geographical Indication updates and Domain name infringement news, brought to you by the Trademark Team of BananaIP
We wish all our readers a very happy World IP Day. On this World IP Day we hope that all stakeholders will take diligent and honest efforts to protect intangible assets.
Trademark quote of the week
” The talent for discovering the unique and marketable characteristics of a product and service is the most valuable asset of a trademark “
— Primo Angeli
TRADEMARK STATS FROM THE INDIAN TRADEMARK OFFICE
The Trademark Registry has been a little slow this week. There has been a decrease of 89% in the total number of applications examined by Trademark Office for this week compared to the last week.
| Particulars | Last week | This week | Change in % |
| Total Trademark applications examined by Trademark Office | 6411 | 3383 | A decrease of 89% |
| Total applications disposed through show cause hearings | 593 | 454 | A decrease of 23% |
| Total applications published in the trademark journal | 4983 | 5380 | An increase of 7% |
| Total registrations granted | 7729 | 2883 | A decrease of 62 % |
| Total hearing notices issued | 1835 | 200 | A decrease of 89 % |
| Total renewal notices issued | 1065 | 1310 | An increase of 23% |
Total number of marks published in trademark journal
| S.No. | Name of Office | Publication |
| 1. | MUMBAI | 1082 |
| 2. | AHMEDABAD | 657 |
| 3. | KOLKATA | 246 |
| 4. | DELHI | 1510 |
| 5. | CHENNAI | 943 |
| 6. | INTERNATIONAL REGISTRATION DIVISION | 307 |
| 7. | Total Trademarks published in Journal | 4745 |
INTERESTING TRADEMARKS
Super Heroes
The comic book giants Marvel Comics and DC Books are the joint owners of the trademark SUPER HEROES. The said mark was applied for registration by these entities in the year 1974 in classes 16, 25 and 28 for Comics, T-Shirts and Toy figures respectively. Interestingly, these competitors had come together in 2006 to successfully enforce their rights over the mark SUPER HEROES by restraining an entity called GEEK PUNK from using the mark SUPER HEROES for its comic book.
TRADEMARK UPDATES
NDTV and Discovery tussle over ‘Foodistan’ trademark.
New Delhi Television that operates the news channels NDTV India and NDTV Good Times has issued a legal notice to the Discovery Networks, accusing trademark infringement. NDTV alleges that Discovery Networks and specifically its lifestyle channel TLC has used its mark FOODISTAN without obtaining adequate permission from NDTV. NDTV claims to be the owner of the mark FOODISTAN and claims to be using the same since 2012. In the notice, NDTV has asked Discovery Networks to refrain from using the mark FOODISTAN in any manner and to immediately remove all references to the said mark from its channel and website.
Indian Handmade carpets to get new certification trademark.
With the objective of ensuring the quality benchmark of Indian handmade carpets, the Textile Ministry is planning to introduce a new certification mark for handmade carpets. The certification mark aims to set quality parameters and guidelines for the manufacturers and thereby enhancing the exporting opportunities for these products. The new certification mark will be in line with the Woolmark of Australia, which is considered as a guarantee of the highest quality of wool.
Delhi High Court restrains the use of mark DPS
In a recent order, the Division bench of Delhi High Court has upheld the earlier order of its single bench restraining DPS World Foundation from using the mark DPS World. The Court held that while it may be open to any party to adopt any mark or name that comprise of the term Delhi Public School, the exclusive right to use the mark DPS vest with the DPS Society.
INTERNATIONAL TRADEMARK UPDATES
Oakland Raiders to rebrand its team as ‘Las Vegas Raiders’
The Oakland raiders, a professional American football team based in California is planning to apply for trademark registration of the mark ‘Las Vegas Raiders’. To this effect the team has already approached the US Patent and Trademark office for conducting a preliminary search and evaluation about the availability of the said mark.
Nintendo initiates opposition proceedings against the mark POKE GO
Video games developer, Nintendo has initiated opposition proceeding against an Oklahoma-based entity which applied for registration of the mark POKE Go under class 25 for clothing. Nintendo in the Notice of opposition filed before the USPTO claims that the usage of the mark POKE Go will be confusingly similar to its mark POKEMON GO and will cause dilution of its trademarks.
TRADEMARK LICENSING UPDATES
US Court criticizes University over denial of Trademark Licensing
The US Court of Appeals has recently condemned Iowa State University (ISU) for refusing to approve the use of the university’s trademark on t-shirts depicting a marijuana leaf design. According to the Court, the licensing authority of the University violated the First Amendment by refusing NORML ISU, the student body’s request for a license to print such shirts. The Court found by refusing the license, ISU had discriminated against the student body based on the group’s viewpoint of reforming marijuana laws by distributing clothes and other merchandises
DOMAIN NAME DISPUTES
Amazon obtained favorable order against Amazon job.in
In a recent arbitral proceeding under the INDRP Rules, the e-commerce giant Amazon has successfully restrained a Pune based entity from using the domain www.amazon.job.in. The Arbitrator found that the registration and use of the domain www.amazon.job.in would deceive the public and ordered the domain to be transferred to Amazon.
GEOGRAPHICAL INDICATIONS UPDATE
Ratnagiri & Devgad Alphonso Mangoes to get GI Tag
The Geographical Indication registry has recently accepted the application made by the Kelshi Parisar Amba Utpadak Sahakari Sanga for granting GI Tag to the Ratnagiri and Devgad Mangoes. According to the Applicant, the Ratnagiri Alphonso Mangoes are being cultivated traditionally in various taluks of Ratnagiri and Sindhudurg districts for the last 400 years. However, it is interesting to note that another application for Alphonso Mango filed by Konkan Krishi Vidyapeet, Ratangiri is also pending before the GI Registry.
BANANAIP TRADEMARK TIP OF THE WEEK
Fanciful and arbitrary trademarks may be filed for trademark registration immediately after the adoption of the same for the respective business with the objective of protecting the uniqueness of the mark. However, descriptive marks and taglines may be filed for trademark registration only after continuous use and promotion of the mark for at least five years.
