The terms chocolate and malt drink immediately conjure up images of Nestlé’s popular beverage Milo. The drink has been so popular that the company often projects very large market share figures. Although the beverage itself and the term Milo have been used for over half a century, the evolution of the brand and the logo […]
Well-Known Marks : The Philippines Standard
Several international instruments, including the Paris Convention and the TRIPs Agreement, mandate that member states provide for a mechanism which affords protection to well-known marks. However, these international Instruments do not specifically set out in stone the exact mechanism which member states need to adopt. Consequently, there have been two significant approaches adopted by countries: […]
Thailand - Record Your Well-Known Mark
Thailand is one of the few jurisdictions that provides a mechanism for the protection of well-known marks. The mechanism is a relatively straightforward recordation, resulting in enormous savings (not just monetary but also in terms of time). The Trademarks Act confers protection for well-known marks, but lacks teeth. It was only in 2005 that the […]
Landmark Victory For India in Ponni Rice Trademark Battle in Malaysia
India has won a trademark row against a Malaysian company, which was granted registration for the word "Ponni" for rice, a premium variety developed and grown in India since 1971. In 2006, the local company was granted registration for the word "Ponni" in Malaysia for rice. The company had been importing ordinary rice from India […]
Philippines - Declarations of Actual Use: The Deadliest Deadlines
Trademark owners often find themselves confused (or worse, forget!) about the correct timings for filing the Affidavits of Use or Declarations of Actual Use in the Philippines. I.Affidavits of Use under the Trademarks Law, Republic Act No. 166. The Trademarks Law was enacted on 20 June 1947 under Republic Act No. 166. This is the […]
Thailand - Valuable Precedent For Trademark Hijacking
Thailand has, over the past few years, been plagued by increasing instances of trade markhijacking. This involves registration of a famous international trade mark (or a very similar looking mark) by a local business, beating the mark's rightful owner in the race to the Registrar's office. Afraid to get shut out of the market, the […]
Indonesia - Trademark Infringement and Improper Use Due to Similarity in Packaging Leading to Cancellation of Mark in Indonesia
Background The Plaintiff PT. Topindo Atlas Asia owns the registered trademark “ ” in class 04 under registration number 504089 for goods such as oil lubricants for motorcycles. The Applicant is related to the TOP 1 Oil Products Company that was founded in 1979 in the United States of America by William A. Ryan, with the […]
Supreme Court Of The Philippines Cancels A Trademark Despite Absence Of A Petition For Cancellation
“Why cancel our trademark when we filed a petition to cancel somebody else’s trademark?” This must have been the reaction of Shen Dar Electricity and Machinery, Inc. (Shen Dar) when it was handed the 21 October 2010 Philippines Supreme Court (SC) Philippines decision. Shen Dar had filed the appeal with the SC seeking to nullify […]
Delhi Sugar Coats Trade Mark Decision
The protection and assertion of IP rights is perhaps as important is its acquisition. While there has been a spurt in the number of trademark registrations, infringement has also been on the rise. A recent decision of the High Court of Delhi in Cadila Healthcare Ltd v. Diat Foods (India) FAO (OS) No. 385/2008 highlights […]
Damages
On April 7 2010, the Court of Appeal of Kuala Lumpur, in delivering its judgment in Taiping Poly (M) Sdn Bhd v Wong Fook Toh & ORS CA (2010 6CLJ 51), drew a distinction between the net loss of profits and the loss of sales, as a result of an infringement and passing off of […]