Published: April 21, 2021
Verifier
Suhrita Majumdar S. Majumdar & Co. New Delhi, India Trademark Office Practices Committee India IPO Subcommittee
The COVID-19 extension of limitation period granted by the Supreme Court of India on March 23, 2020 (Previous Order), was recently ended by an order dated March 8, 2021 (SC Order).
At the onset of the pandemic, the Supreme Court exercised its advisory jurisdiction and passed the Previous Order, indefinitely extending the period of limitation in all legal proceedings.
Notwithstanding the Previous Order, the Intellectual Property Office of India issued notices dated March 25, 2020, April 15, 2020, May 4, 2020, and May 18, 2020 (IP Notices), specifying certain dates (namely, April 15, 2020, May 4, 2020, May 18, 2020, and June 1, 202
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今天去民政局离婚了 - 步行街主干道
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Facts
The intervenor filed an invalidation action against the trademark 約克夏茶YORK SHIRETEA and a device mark (Registration 158031) in respect of services in Class 42 for a violation of Articles 30-1(8) and 30-1(11) of the Trademark Act. After examination, the defendant (ie, the IP Office) cancelled the trademark s registration. Dissatisfied, the plaintiff filed an administrative appeal with the Ministry of Economic Affairs, which was dismissed. The plaintiff then filed an administrative suit with the IP Court.
Decision
In its judgment (108-Xing-Shang-Su-Zi-109), the IP Court held as follows:
The main distinctive elements of the trademark were the English words York shire and the Chinese characters 約克夏. The English words were combined with the word tea and the Chinese characters 約克夏 were combined with the character 茶. The mark gave the impression that the Chinese term was a translation of the English term and vice versa.
CAPS (Cloud, Alliance Partner and Subscription) revenue was 34%, up from 18% a year ago
Software and services were 88% of revenue, up from 86% a year ago
Recurring revenue was 65%, up from 59% a year ago
GAAP Operating income was $62 million; Non-GAAP Operating income was $163 million
GAAP Net loss was $4 million; Non-GAAP Net income was $85 million
Adjusted EBITDA was $190 million, 25.6% of revenue
Ending cash and cash equivalents were $750 million
GAAP Loss Per Share of $0.06; Non-GAAP Earnings Per Share of $0.90
“We are pleased to report first quarter results that exceeded expectations across all key metrics. Navigating a very challenging business environment, we emerged from 2020 even stronger. This success reflects the significant progress we continue to make on our transformation into an enterprise leader in cloud-based communications and collaboration solutions,” said Jim Chirico, President and CEO of Avaya. “The investments we have made in the business are gener