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Hague Agreement seminar in Copenhagen: sign up now!
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The next MARQUES event on The Hague Agreement, hosted in collaboration with WIPO, will take place on 15th March in Copenhagen
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What do you think of when you say “Málaga”?
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The latest article from the MARQUES GI Team on interesting geographical indications focuses on the city hosting next month’s MARQUES Team Meeting
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Field Notes from the Outer Borders: Mother Teresa’s sari
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In the latest in its series of Field Notes concerning unusual trade marks, Adrian Smith of the IP Emerging Issues Team looks at the successful registration in India of trade marks relating to Mother (now Saint) Teresa of Kolkata’s distinctive sari
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Back in mid-2017 it came to light that on 4th September 2016, the Indian Trade Mark Registry granted the registration of trade marks for the blue and white striped border (two thin blue lines followed by a broader blue line – in the form shown below) of the sari made famous by Mother Teresa in relation to stationery and textiles and charitable services (registered numbers 2641710, 2641711 and 2641712). The proprietor of the marks is the Missionaries of Charity, the sisterhood founded by Mother Teresa in 1950.
 Although some time has passed since news of this registration became public, this still warrants attention as it raises a number of interesting questions and, after all, trade mark protection for saintly trappings isn’t an everyday occurrence!
The importance of the date of grant is that this was also the day on which Mother Teresa was canonised by Pope Francis. Of further interest is that it was a Sunday, on which the Registry would usually be closed. The applications were filed between 2013 and 2015, along with a further application in relation to social charitable services, and these supplement the earlier registration of the work mark MOTHER TERESA in classes 36, 41, 43, 44 and 45. It would appear that the delay in the registration being announced arose from the Missionaries of Charity being concerned about being perceived to be “punishing people” who might use the mark. Since it has come to public attention however, it has been made clear that the applications were made following Mother Teresa’s statement in her will that after her death her likeness should not be used for commercial gain. A number of instances had come to the attention of the Order whereby the pattern, and importantly its association with Mother Teresa, were being used to elicit money from people thinking that the uses concerned were supporting the Missionaries of Charity. Interesting questions Among the many questions this throws up are: - What is the exact nature of the mark that has been registered and how broad a protection will it afford? If reports of the nature of the mark are correct and it proves enforceable this raises an interesting contrast to the continuing challenges to protection and enforcement of colour combination marks and simple “pattern” figurative marks we are used to in the EU.
- Presumably Mother Teresa’s statement that her likeness should not be used for commercial gain means not only that the blue and white stripes should not be used by third parties, but also that the Order itself should not use the mark in trade. In light of this can its registration be valid now and maintained as such?
- In light of the reason for the Order’s original reticence at admitting to the existence of this trade mark registration, how does it propose to enforce the mark without being seen as “punishing” users?
Presumably the answers to these questions may become apparent in due course but it seems unlikely that this will happen quickly. We may all need the patience of a saint (sorry)! Adrian Smith is a Partner at Simmons & Simmons LLP and a member of the IP Emerging Issues Team
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Record year for EUTM applications
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There were 146,418 EUTM applications in 2017, the highest number ever and an increase of 8% on 2016, according to EUIPO statistics
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Infringement of tyres and batteries costs €2.4 billion a year
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The twelfth study by the European Observatory on Infringements of Intellectual Property Rights estimated that €2.2 billion are lost annually in Europe due to counterfeit tyres, and €180 million to counterfeit batteries
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Latest trade mark news from EUIPO
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Design developments
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The launch of a Transparency Portal, the second IP Case Law Conference, international cooperation and a new back office are among recent developments announced by EUIPO
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India has joined Designiew, and an updating of the Locarno Classification is being prepared – catch up on the latest design news
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World IP Day: Women in innovation and creativity
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This year’s World Intellectual Property Day, on 26th April, celebrates the brilliance, ingenuity, curiosity and courage of the women who are driving change in our world and shaping our common future
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Social Media and Marketplaces webinar
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MARQUES Media Roundup
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MARQUES is hosting a webinar titled “Social Media and Marketplaces back to basics: … Food for thoughts” on Thursday 29th March at 3pm CEST/2pm BST
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Keep up to date with the latest trade mark and design news on the MARQUES Class 46 and Class 99 blogs and on social media
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GI report reveals diverse picture
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A study on “Protection and Control of Geographical Indications for Agricultural Products in the EU Member States” was published on 14th December 2017. Paulo Monteverde of the GI Team analyses it
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Issue 086
