The German sportswear brand stifled the pioneers of car manufacturer Jaguar Land Rover with a trademark application.
Puma is a leading sportswear brand that is engaged in designing and manufacturing 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 to expand its scope applied to trademark its tamed leopard under a 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.
In stride to uniform Trademark laws worldwide, various goods and services were grouped 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 cover goods and classes 35 to 45 extend protection to services.
P.S.: These 45 categories are loopholes in disguise. If you get a trademark registered in one category, it will not extend any pre-emptive protection for overall goods and services.
The point of contention is that trademarks are the sole guardians of your brand and is a myth!
A brand, even after securing a trademark, is subjected to invasion.
Class 12 broadly extends protection for vehicles that travel via land, air, or water. Applicants 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 apply to this class to secure its claim over Boats, including motor and sports boats, ski lifts, bicycles, bicycle accessories, golf carts, baby carts, and wheelchairs for the sick.
Jaguar Land Rover Limited is a UK-based company engaged in the design, development, and manufacturing of vehicles with Jaguar and Landrover Marquess. It is a wholly-owned subsidiary of Tata Motors since 2008.
Jaguar has registered some marks for 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. but also worldwide.
On 8th May they allegedly opposed the U.S. Trademark Application Serial No. 79/190,155 which was filed by PUMA SE.
Jaguar believes that such approvals will
• Cause confusion in the minds of its target audience”
• It extends false claims of its association with its brand.
• Cause continuous damage.
The opposition was admissible in a 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 on the trademark battlefield or not.
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