TRADEMARKS
connection with the origin of a mark fi le trademark applications with the intention of preventing third parties from commercially exploiting it. Cricket Australia fi led a trademark application for the phrase ‘63 not out’ with IP Australia. T e trademark was fi led aſt er Australian cricketer Phillip Hughes died aſt er being struck by a bouncer while on 63 runs during a match in November 2014, as a defensive strategy to prevent people from cashing in on and commercially exploiting the tragic incident. T e essential function of a trademark is to
exclusively identify the commercial source or origin of goods or services. Trademarks based on tragedies fail to function as trademarks, as the public does not identify such marks/slogans with a single source; instead, people see these phrases as part of something larger than any single person or entity.
Tragedy Mumbai terror attacks
A series of 12 coordinated shootings and bombing attacks, lasting four days, occurred across Mumbai. They were carried out by members of Lashkar-e-Taiba. The attacks killed 164 people and wounded at least 308.
Vikrant Rana is the managing partner of S.S. Rana & Co. He is an advocate-on-record with the Supreme Court of India and a registered patent agent. Rana provides legal advice to companies on securing, protecting and enforcing their IP in India and globally. He can be contacted at:
vikrant@ssrana.com
Date App. no.* Trademark
Nov 26 to 29, 2008
1781903 ‘26/11’ logo 2188017 ‘26.11 Tactical products’ logo 2694103 ‘26.11 Tactical products’ logo 2694104 ‘26.11 Tactical products’ logo 2694105 ‘26.11 Tactical products’ logo 2757399 ‘26.11 Tactical products’ logo 2757400 ‘26.11 Tactical products’ logo 2757401 '26.11 Tactical products' logo" 2757402 ‘26.11 Tactical products’ logo Nirbhaya rape case
A 23-year-old female medical intern was gang raped and beaten by six men in a moving bus in Delhi. Nirbhaya, which means ‘fearless’ in Hindi, was the pseudonym given by the media to the victim.
Dec 16, 2012
2465868 ‘Nirbhaya’ 2602406 ‘Dr. Nirbhaya’ logo
Ritika Mogha is an IP attorney at S.S. Rana & Co. She focuses on prosecuting trademark applications before the Indian Trade Marks Registry, trademark searching, drafting assignments, handling copyright applications and providing opinions on queries about trademarks and IP litigation. She can be contacted at:
trademarks@ssrana.com
Application date
Class Status Feb 5, 2009 41 Aug 9, 2011 9 Mar 7, 2014 6 Mar 7, 2014 35 Mar 7, 2014 13 Jun 17, 2014 6 Jun 17, 2014 9 Jun 17, 2014 13 Jun 17, 2014 35 Jan 24, 2013 13 Sep 26, 2013 32 Abandoned
Objected to on the ground of lack of distinctiveness
Formality check pass Formality check pass Formality check pass Formality check pass Formality check pass Formality check pass Formality check pass
Objected to on the ground of lack of distinctiveness
Objected to on the ground of lack of distinctiveness and similarity to mark already on register
2646859 Nirbhaya Bharat logo
2659273 ‘Nirbhaya squad’ 2760362 ‘Nirbhaya’
2760364 ‘Nirbhaya: be fearless’ 2760366 ‘Nirbhaya’
2760368 ‘Nirbhaya: be fearless’ Source:
http://ipindia.nic.in *Application
www.worldipreview.com World Intellectual Property Review May/June 2015 65 Dec 21, 2013 45 Formality check fail
Jan 14, 2014 41 Marked for exam Jun 23, 2014 9
Jun 23, 2014 9 Jun 23, 2014 42 Jun 23, 2014 42
Formality check pass Formality check pass Formality check pass Formality check pass
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