Reliance’s new brand ‘Jio’ has gained vast popularity in India due to its unconventional marketing strategy and within a span of 2 years it has amassed a wide consumer base. The trade mark ‘Jio’ has been filed for registration in India as well as various countries outside India. Recently, the trade mark ‘JIO’ was registered in the European Union when the proprietor of the trade mark ‘Joi’, LKN Communications Inc., filed invalidity proceedings against the registration of the mark ‘Jio’.
The trade mark ‘JOI’ was registered in class 09 whereas the trade ark ‘JIO’ was registered in class 38, LKN Communications argued that the marks were registered in cognate classes. Furthermore, there existed a likelihood of confusion between the marks ‘JOI’ and ‘JIO’.It was argued on behalf of Jio that telephone service providers did not sell any goods therefore there was no likelihood of confusion in this regard or with respect to any phonetic or visual similarity.
The Cancellation Division of the EUIPO heard the matter and ruled that while the word ‘JOI’ may be considered as a misspelling of the word ‘JOY” the same could not be the case for ‘JIO’.Furthermore, it was ruled that there was no conceptual or aural similarity between the marks. The Cancellation Division noted that there was no pleading from LKN Communications that the mark ‘JOI’ enjoyed enhanced degree of distinctiveness and therefore, ruled that there was low likelihood of confusion between the marks in question. LKN Communications was ordered to bear the cost of the proceedings i.e. € 450. Reliance Industries Ltd.’s trade mark applications in EUIPO were filed through R.K. Dewan & Co.
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