Keeping pace with changing times, the Malaysian Government recently passed the Trade Descriptions Act, 2011 (TDA). The Act aims to tighten trade mark enforcement provisions by prohibiting false trade descriptions and false or misleading statements, conducts and practices in relation to goods or services, thereby protecting the interest of consumers. The TDA is expected to […]
Thailand Enforces Its Marks
Among the Asian brands that are gaining worldwide fame are: Sony (Japan), Cathay Pacific (Hong Kong), Singapore Airlines (Singapore), San Miguel (Philippines), Wipro (India), Red Bull and Singha Beer, both from Thailand. Every IP strategy starts with a solid trade mark registration portfolio. For example, one of the well-known marks in Thailand is Singha Beer. […]
Trademark System In Thailand
What is the law that regulates trademarks in Thailand? The Trade Mark Act B.E.2534 as amended by the Trademark Act (No.2) B.E.2543 is in force currently and governs trademark matters. What is the office in charge of trademarks in Thailand? Trademark rights are acquired on the basis of proper registration with the Trademark Office of […]
Philippines - Harvard Jeans or Harvard University : Which Name Rings A Bell…?
In 1988, FredCo secured a registration for HARVARD JEANS USA or goods in Class 25. It allegedly used the mark in the Philippines as early as 02 January 1982. On the other hand, in 1993 ,Harvard was issued registration for the trademark HARVARD VERITAS SHIELD SYMBOL in Classes 16, 18, 21, 25 and 28. Harvard […]
Trademark System In Indonesia
What is the law that regulates trademarks in Indonesia? There is a Trade Marks Act in Indonesia (Law No.15 year 2001 dated August 1, 2001) which is still valid and in force and governs trademark matters. What is the office in charge of trademarks in Indonesia? Trademark rights are acquired on the basis of proper […]
Philippines - Harvard University Knocks The Pants Off Local Company
One of the earliest laws in the Philippines involving trademark rights is Act No. 666 (Trademark and Trade Name Law of the Philippine Islands) which took effect on March 6, 1903. This system favoured actual use of a mark as the basis for registration. In 1946, while the Philippines was a territory of the United […]
Malaysia - Trade Mark Expedited Examination
In line with its policy of beefing up its Intellectual Property regime and encouraging entrepreneurs to register their IP rights, Malaysia has introduced expedited examination of trademark applications with effect from 15 February 2011. While a lot of ink has been spilt on highlighting the importance of registering one's trade mark, it would be imperative […]
Thailand - Still Register Your Licence Agreement
The recordal of a licence is mandatory under the Thai Trademark Act. However, in practice, the need to register is often willfully ignored by the trade mark owners, who find the requirement burdensome. With foreign companies, that lack of awareness is often the key reason behind non-compliance, exacerbating the risk of potential conflict inherent in […]
Philippines Mediation : A Win-Win Solution
The Intellectual Property Office of the Philippines (IPOPHL) implemented mandatory mediation proceedings in October 2010. This May, IPOPHL settled the long-contested case involving the famous local brand BINALOT, owned by Binalot Fiesta Foods (BFF), a dispute that had been dragging on since November 2007. BFF, a 14-year-old local fast-food chain, has more than 35 branches […]
Campomar v. Nike: Finale To A Long-Drawn-Out Saga
Nike International Ltd (NIL) and Campomar have been at loggerheads over the use of the mark NIKE in Class 3. The finale of this long saga was the recent decision of the Court of Appeal. Campomar SL v. Nike International Ltd, (2011) SGCA 6 (Feb. 28, 2011). NIL sought to register the mark NIKE in […]