With a cold, hard and long recession in the west it is no wonder that franchisors are excited about new and emerging markets in ASEAN countries. Vietnam in particular has an attractive consumer pool with a population of 86 million, half of which are below 25 years of age. Although in some countries (such as […]
ASEAN : Changing Its IP Landscape for Growth
The Intellectual Property Rights Experts Group of the Asia-Pacific Economic Cooperation (APEC) recognizes that intellectual property rights protection and enforcement is a key factor for promoting foreign trade and investment, as well as boosting economic development. Enjoying a growth rate of 4.5%, the Asia-Pacific region has been identified as the fastest-growing region in the world […]
Indonesia - KOPITIAM Generic or Distinctive?
At the center of a recent controversy in Indonesia was the mark KOPITIAM, which literally means “coffee shop.” KOPI means coffee in the local language, while TIAM is the Hokkien dialect for a shop and is widely understood as such in the country. Undoubtedly, registration of this term for a coffee shop would have been […]
PARK REGIS And ST. REGIS To Coexist In Singapore
The High Court of Singapore recently decided a dispute involving the marks ST. REGIS and PARK REGIS & Design used for services in Class 43 by Starwood Hotels & Resorts Worldwide, Inc. and StayWell Hospitality Group Pty Ltd, respectively. The matter came to the Court on an appeal filed by StayWell against the decision of […]
Thailand - When trade marks must be associated
Having a single-class system, a trade mark owner seeking registration in Thailand for the same mark in different classes will be required by the Trade Marks Registrar to “associate” its marks. Section 14 of the Thai Trade Marks Act states that the Registrar may order an applicant of similar or identical marks, relating to goods […]
Cancelling Bad Faith Registrations in Thailand
Ever so often, a trademark owner finds itself unpleasantly surprised when it discovers that its mark has been registered by unauthorized parties. Under Section 67 of the Trade Marks Act, a trademark owner may petition the Central Intellectual Property and International Trade Court (CIPITC) to have the unauthorized registration cancelled within five years from the […]
Thailand - Precedent On Descriptiveness And Suggestiveness
The issue of determining whether a mark is descriptive or merely suggestive of the goods sought to be protected has always been a debated area in Thailand. Though not many precedents are available, it was recently addressed by the Supreme Court in Liebherr-International v Department of Intellectual Property. The case before the Supreme Court required […]
Malaysia - Precedent Set On Trade Descriptions
To tighten trade mark enforcement, Malaysia passed the Trade Descriptions Act (TDA) in 2011. The purpose of this Act is to prohibit false trade descriptions and false or misleading statements, conduct and practices in goods and services, thereby protecting the interests of the consumers. In a recent case (DJ Auto Components Manufacturing v FBK Systems), […]
Thailand - Distribution and Trade Mark Licensing Distinguished
The recordal of a license is mandatory under the Thai Trade Marks Act. However, in practice, parties are not aware of this requirement and so do not register the license. Such non-compliance is aggravated by the fact that the Act does not define the term “trade mark licence.” To compound the problem, not much jurisprudence […]
Malaysia - Squiggles Case Clarifies Non-Use
In a landmark judgment, LB Confectionary v QAF, the Federal Court in Malaysia ruled on a dispute involving rights over use of the trade mark Squiggles. The judgment has a bearing on trade mark practice in Malaysia as it deals with novel issues and could affect commercial transactions. The issues before the Court were threefold: […]