Indian Trademark Statistics for July (Forth Week), Prasar Bharti stopped from Using “Dish” for its DTH Services, Financial Advisor Enforces Rights to “Financial Quarterback” Mark, McDonald’s Outlets Reopened in Kolkata by McDonald’s, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels
TRADEMARK QUOTE OF THE WEEK
A product can be quickly outdated, but a successful brand is timeless- Stephen King
INDIAN TRADEMARK STATISTICS
Last week, the Indian Trademark Office have had an increase in its work pace. The total number of applications disposed through show cause hearings has increased by thirty five percent (35%). Similarly, the total applications published in the trademark journal has increased by fourteen percent (14%). However, there has been a decrease of seventeen percent (17%) in the total hearing notices issued.
Weekly Indian Trademark Statistics
| Particulars | Last Week | This Week | Change in % |
| Total Trademark Applications Examined by Trademark Office | 7403 | 13095 | An increase of 77% |
| Total Applications Disposed through Show Cause Hearings | 4393 | 5916 | An increase of 35% |
| Total Applications Published in the Trademark Journal | 5749 | 6522 | An increase of 14% |
| Total Registrations Granted | 7478 | 7644 | An increase of 2% |
| Total Hearing Notices Issued | 11669 | 9628 | A decrease of 17% |
| Total Renewals Notices Issued | 2286 | 2351 | An increase of 3% |
Trademark Statistics by Office
Total Number of New Applications Received from July 17th, 2019 to July 25th, 2019
| Sr. No | Jurisdiction | New Applications | Examined | Published | Registered |
| 1 | AHMEDABAD | 1215 | 793 | 666 | 874 |
| 2 | CHENNAI | 1599 | 942 | 1142 | 1893 |
| 3 | DELHI | 2955 | 2128 | 2136 | 2087 |
| 4 | KOLKATA | 450 | 407 | 244 | 421 |
| 5 | MUMBAI | 2006 | 1670 | 1496 | 1980 |
| Total | 8225 | 5940 | 5684 | 7255 |
Yearly Trademark Statistics
Trademark Statistics from January 1st, 2019 to July 25th, 2019
- Total Number of Trademark Applications Filed – 193501
- Total Number of Trademark Applications Examined – 91004
- Total Number of Trademark Applications Published – 109804
- Total Number of Trademark Applications Registered – 170218
INDIAN TRADEMARK UPDATES
Delhi High Court Restricts Prasar Bharti from Using “Dish” for its DTH Services
The Delhi High court has passed a decision and issued an injunction in favor of Dish TV against Prasar Bharati. The trademark infringement suit was filed by Dish TV, India’s leading direct to home service provider, against Prasar Bharti, India’s largest public broadcasting agency, for the use of the mark ‘Dish’ by Prasar Bharti for its Direct To Home (DTH) service. Dish TV argued that Prasar Bharati’s “Free Dish” logo is similar in nature to its mark and amounts to passing off. However, Prasar Bharti refuted the allegation of similarities in the logo and argued that the exclusive right to the Dish logo cannot be claimed by anyone, as the word is generic. The Delhi High court stated that it is highly possible for consumers to form a misleading opinion that Dish TV is in association with Doordarshan would want the paid channels of Dish TV to also be telecast free. Therefore it granted three months’ time to Prasar Bharti to change its direct to home service’s name and inform its customers
INTERNATIONAL TRADEMARK UPDATES
Kylie Jenner File Trademark for Nail Products
Kylie Jenner, the 21-year-old American model who is also a successful businesswoman, filed trademarks for her new line of perfumes and designer nail products. Kylie has shown interest in getting trademarks for a full line of nail care products including nail polish, nail polish remover, nail strengtheners, nails care preparations and artificial nails. She also intends to use her own name according to the trademark filing.
Financial Adviosr Enforces Rights to “Financial Quarterback” Mark
Josh Jalinski, a New Jersey financial advisor, sued Edelman Financial Engines over the usage of the term “financial quarterback” which according to Jalinski is trademarked by him in 2010. The said suit is one among more than a dozen suits filed by Jalinski in the last two years. According to Jalinski, trademark law restricts use of a similar phrase that creates “customer confusion” and both Edelman and Jalinski operate in the same radio market. There are pending suits against various industries in the same matter and in many of them Jalinski has received monetary settlements.
BRAND LICENSING & MERCHANDIZING UPDATES
“Angry Birds” Will Take Flight With Neos Airlines
Neos, the leisure airline owned by the Alpitour Group will be the first one to have “Angry Birds” uniforms for flight crew. The initiative is based on the latest partnership between the Alpitour Group and Angry Birds, a video game developed by Rovio Entertainment which has also entered in cinema, toys and much more. On the runway, travelers will be exposed to Angry Birds’ characters aboard a 737 and partake in activities while travelling to Italy, the Canary Islands, the Balearic Islands, Israel and Egypt. This cross-promotional deal is a part of the upcoming film The Angry Birds Movie 2.
Yoohoo Animated Series in Russia
YooHoo, animated children’s show, owned by the leading character and content company Aurora World, has been launched in Russia on Carousel TV. “YooHoo to the Rescue” launched in June is a co-production of Aurora World with Italy’s Mondo TV. YooHoo is a funny animated series with strong environmental and adventure themes. Based on the launch of the TV show, YooHoo is introducing a line of plush toys through Detsky Mir, Russia’s largest specialized children’s goods retailer. Its licensed products will also be launched in toy, publishing, outdoor, confectionary, arts and crafts, fashion, and accessories categories.
FRANCHISING UPDATES
McDonald’s Outlets Reopened in Kolkata by McDonald’s
All eight outlets of McDonalds in Kolkata and Durgapur that were shut from the first week of May due to tension between partners McDonald’s India and Connaught Plaza Restaurants (CPRL) finally reopened after a transition of ownership. McDonald’s India ended its franchise agreement with Connaught Plaza Restaurants (CPRL) due to non-payment of royalties and now wholly owns the once shut outlets. CPRL was owned by Vikram Bakshi and had operated a chain of McDonalds’s restaurants in north and east India. Now however as a part of the settlement, the US based fast food giant has taken over the ownership of CPRL by buying out Bakshi’s stake.
GEOGRAPHICAL INDICATION UPDATES
Jaggery from Marayur Receives GI Tag
The continuous efforts of the Intellectual Property Rights Cell of the Kerala Agriculture University, has resulted in a GI tag for Marayur Jaggery. Marayur is a district in Kerala known for its intensive sugarcane cultivation without chemicals. It was noticed that jaggery with a salty taste was being marketed as Marayur Jaggery whereas the real Marayur Jaggery is handmade at household units in Marayur and Kanthallur with low levels of saltiness and sodium. The availability of fake Marayur Jaggery in the market was leading to a decline in prices for the product. The GI tag will provide global acceptance to the traditional way of jaggery production and give producers a legal remedy against counterfeiters.
Authored and compiled by Shreya Chaddha & Uma T.S
About BananaIP’s Trademark Attorneys
The Trademark News Bulletin is brought to you by the Trademark/Copyright, Licensing & Transactions Strategy Divisions of BananaIP Counsels, a Top IP Firm in India. Led by Sanjeeth Hegde, BIP’s Trademark Attorneys are among the leading experts in the field. If you have any questions, or need any clarifications, please write to contact@bananaip.com with the subject: Trademark News.
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Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to contact@bananaip.com for corrections and take down.
