A German sportswear brand stifled the pioneers of car manufacturer Jaguar Land Rover by a trademark application.
The Leaping Leopard: PUMA
Puma a leading sportswear brand which is engaged in designing and manufacturing of athletic and casual consumer utility products. Puma has secured its mark on the world by getting a slender leopard jumping to the left of its name trademarked.
Puma with the intention to expand its scope had applied to trademark its tamed leopard under different trademark class in the US, on 13th April 2017.
On the processing of the Trademark application, the same was published on 8th November 2016.
Puma was originally registered under Trademark Class 25 and now it wants to register the same under Class 12, which proved to be a pivotal point of rustle.
International Classes: Worth a Capture
In the stride to uniform the Trademark laws worldwide, various goods and services were grouped together into different classes.
According to NICE classifications, there are in total 45 categories which encompass a wide scope for protection. Where classes 1 to 34 covers goods and from classes 35 to 45 extends protection to services.
P.S.: These 45 categories are in fact loopholes in disguise. If you get a trademark registered in one category, it will not extend any pre-emptive protection overall goods and services.
ALSO READ: ANTI DRONE GUNS ARE BROUGHT FOR COMBAT UAVS
The point of contention is, Trademarks are the sole guardian of your brand is a myth!
A brand even after securing a trademark is subjected to invasion.
Class 12: Jaguar’s Insecurity
Class 12 broadly extends protection for vehicles that travel via land, air or water. An applicant may not use this class in case they are registering under the following classes:
- Class 6: Railway material of metal
- Class 7: Motors, engines, transmission components other than for land vehicles and Parts of motors and engines.
Puma sought to file an application in this class to secure its claim over Boats, including motor and sports boat, ski lifts, bicycles, bicycle accessories, golf carts, baby carts, wheelchairs for sick.
Jaguar Land Rover Limited is a UK based company, engaged in designing, development, and manufacturing of vehicle having Jaguar and Landrover Marques. It is a wholly-owned subsidiary of Tata Motors since 2008.
Jaguar has registered a number of marks of a jaguar leaping over its name under Class 12. It uses the Jaguar leaper in connection with its vehicles and related accessories not only in the U.S. rather worldwide.
On 8th May they allegedly opposed the U.S. Trademark Application Serial No. 79/190,155 which was filed by PUMA SE.
Jaguar believed that such approvals will
- Cause confusion in the minds of its target audience
- It extends false claims of its association which their brand.
- Cause continuous damages.
The opposition was admissible in the U.S. court on 11th May 2017.
The real power rests with the court to decide whether the jaguar can pounce over the slender leopard in the trademark battlefield or not.
CS Nimisha Gupta has an unleashed zest for everything creative. Is a budding writer, inspired from coffee beans to pen down, when the world sleeps. It’s not about the destination rather the journey. #Musicbuff #Coffeeholic #ChocoManiac #Trailblazer.. Affiliated with QuickCompany which deals in Trademark Registration, Company Registration, Company Search, Trademark Search and Other Legal Activities.