Interesting Trademarks, Domain Name Disputes, Cybersquatting, TM Merchandizing, Licensing, Trademark tips and more, presented by the Trademark attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm.
TRADEMARK QUOTE OF THE WEEK
Your brand is what other people say about you when you are not in the room – Jeff Bezos.
Trademark Stats from the Indian Trademark office
The Trademark Office has been a little slow this week considering there has been an overall decrease in the number of applications that has been examined by the Registry. The statistics can be seen below:
| Particulars | Last week | This week | Change in % |
| Total Trademark applications examined by Trademark Office | 5056 | 3193 | A decrease of 36% |
| Total applications disposed through show cause hearings | 731 | 799 | An increase of 12% |
| Total applications published in the trademark journal | 7147 | 6087 | A decrease of 12% |
| Total registrations granted | 4935 | 3151 | A decrease of 36.1% |
| Total hearing notices issued | 1654 | 799 | A decrease of 51.6% |
| Total renewal notices issued | 3957 | 1748 | A decrease of 55.8% |
Total number of marks published in trademark journal
| Sr.no | Name of office | Publication |
| 1. | MUMBAI | 1198 |
| 2. | AHMEDABAD | 856 |
| 3. | KOLKATA | 429 |
| 4. | DELHI | 717 |
| 5. | CHENNAI | 1619 |
| 6. | INTERNATIONAL REGISTRATION DEVISION | 268 |
| 7. | Total Trademarks published in Journal | 6087 |
INTERESTING TRADEMARKS
Donald trump – YOU’RE FIRED
‘YOU’RE FIRED’ is certainly an interesting trademark to have but Donald Trump was not lucky enough to have the same registered. The United States President, back in 2004 had tried to trademark the phrase ‘YOU’RE FIRED’ but unfortunately did not get registration for the same, as it was opposed by a pottery store named YOU’RE FIRED’, owned by Susan Brenner. The catchphrase actually gained recognition on Trump’s reality TV show – Apprentice, consequent to which he wanted to trademark the phrase.
Nintendo – IT’S ON LIKE DONKEY KONG
Nintendo, one of the largest gaming companies in the world got the phrase ‘IT’S ON LIKE DONKEY KONG’ registered before the USPTO, allegedly to create hype for its then upcoming game ‘Donkey Kong Country Returns’ which was launched in 2010.
Paris Hilton – THAT’S HOT
You might end up in legal trouble if you decide to use the brand ‘THAT’S HOT’ in relation to apparels in the US. Paris Hilton, the renowned celebrity has successfully registered the mark ‘ THAT’S HOT’ in 2007 before the USPTO. The mark picked up momentum in the early 2000’s in her TV show ‘The Simple Life’.
INDIAN TRADEMARK NEWS
International Trade Mark Filings from India
The recent WIPO statistics indicate that only 151 Applicants from India had utilized the Madrid Protocol for filing Trademarks in 2016. However, the total number of foreign applications that designated India increased to 11,105.
Salman Khan ventures in to Smart phones segment with ‘BeingSmart’.
The Bollywood star, who already owns the clothing brand ‘Being Human’, has now ventured into the smart phone industry and has applied for registration of the mark ‘Being Smart’ for his upcoming smartphones models. The proposed ‘Being Smart’ Phones will run on android and will cost below Rs 20, 000. ‘Being Smart’ is expected to compete with leading smartphones like Oppo, Vivo and Xiaomi.
DOMAIN NAME DISPUTES
WIPO Cybersquatting Cases Rise
WIPO’s UDRP reported that the number of cybersquatting complaints increased by 16 percent in 2016. About five thousand three hundred disputes were filed in the year. Complaints emerged from 109 countries, US, France and Germany being the toppers.
WIPO Domain Name Disputes from India
WIPO’s UDRP report indicated that there was a 36% increase in the domain name disputes initiated by Indian entities in the year 2016. In 2016 a total of 34 new domain name disputes were initiated before the WIPO Arbitration and Mediation Centre under the UDRP.
INTERNATIONAL TRADE MARK NEWS
WIPO, Trade Marks and Industrial Design Filings Rise in 2016
Trade Mark Filings through the Madrid System increased by 7.2 percent in 2016. Around fifty two thousand Madrid applications were filed in the said year. Industrial Design filings using the Hague system increased by around 13 percent. Around eighteen thousand design applications were filed in 2016. L’Oréal, Glaxo and BMW were among the top Madrid Application filers. India received more than eleven thousand designations.
Thirty Eight Trump Trade Marks Approved in China
About thirty eight trade marks containing the name ‘Trump’ have been approved by the Chinese TM Office. The trade marks deal with goods and services ranging from hotels to bodyguards. The trade marks were filed in April, 2016.
TRADE MARK MERCHANDIZING AND LICENSING
Famous Five Products to hit stores soon
Merchandize around Enid Blyton’s Famous Five series is set to hit the stores soon. The estate of Enid Blyton has tied up with Bulldog to launch stationery, food products and gifts. The company is also working on merchandizing Secret Seven.
Popular Dog and Cat Charity Collaborates for Brand Extension
Licensing.Biz has reported that Battersea Dogs and Cats Home, a UK Charity established in 1860, has partnered with Point. 1888 to extend its brand into retail stores for new products. The partnership is expected to make new products available to consumers in retail stores. The licensing revenues will be used to further the charity’s objectives of re-homing dogs and cats.
BANANAIP’S TRADE MARK TIP OF THE WEEK
A company using a trade mark for a long time must consider filing an application for well-known mark listing by the trade mark registry. The new trade mark rules have opened this opportunity, and being recognized as a well-known mark can increase the financial value of the mark substantially. Needless to state, the mark must be famous in order to merit this listing.
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