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In our previous article on the subject, we covered how Sony’s application for its PS5 trademark registration was hampered. Sony found out that Aswani already made a trademark application for the PS5 brand in October 2019, ahead of Sony’s application in February 2020.
Sony objected to this app in April 2020 stating that due to the extensive and widespread use of the ‘PlayStation’ and ‘PS’ brand series, it is recognized around the world including India. Sony claimed that Mr. Aswani’s trademark is “identical and deceptively similar” to his trademarks and that he is applying for registration with respect to identical and / or similar products. Sony further asserted that Mr. Aswani should have been aware of Sony’s well-known trademarks and that he has adopted the identical trademark “PS5” with the intention of taking advantage of Sony’s goodwill and reputation.
In response to the opposition, Mr. Aswani filed a counterclaim alleging that Sony had applied for the marks on the basis of a “proposed use” and that no similar mark had been applied for prior to his application. He claimed Sony is harassing him by presenting bad fide applications since he is the original creator of the brand.
Aswani also objected to Sony’s application for registration, claiming that he is the rightful owner and previous adopter of the mark.
However, in an interesting turn of events, Mr. Aswani recently filed a withdrawal letter against his trademark application. We believe this could be the result of a settlement with Sony or could be due to pressure to go through legal proceedings.
