In the context of trade marks, it is relatively common for parties to adduce sales and marketing figures (which are, more often than not, deemed confidential) as part of their evidence in support of their case. But should the confidentiality of the said sales and marketing figures be safeguarded, and if in the affirmative, under […]
SINGAPORE: New Intellectual Property Bill Heralds Significant Reform to IP Landscape
Legislative amendments bringing broad-ranging reform to the intellectual property (IP) regime in Singapore were tabled before lawmakers in early July 2019, following public consultations in July 2017 and August 2018. At present, IP disputes are heard in multiple fora including the Intellectual Property Office of Singapore (IPOS), the Singapore State Courts, or the High Court […]
Highlights of Changes to the Malaysian Trade Marks Act
We are excited to share with you the highlights of the changes to the Malaysian Trade Marks Act (“Amended TMA”) which is currently tabled for its third and final reading before the Malaysian Parliament when it sits in October 2019. The salient features of the Amended TMA are as follows: 1. Accession to the Madrid […]
Indonesia: Well-Known Mark Triumphs over Registered Trademark in Indonesia
Dewi Nilasari (appellant), a local entrepreneur, failed to retain proprietary rights to the NOVEC 1230 mark after the Indonesian Supreme Court dismissed her appeal in Decision No. 160 K/Pdt.Sus-HKI/2019 on February 21, 2019. The appellant registered her mark in 2013 in Classes 9 (IDM000487501), 35 (IDM000487594), and 38 (IDM000487620). In 2016, the application by 3M […]
Singapore: Lutong Defeats the Slippery Slope of Adidas
Taiwan-based Lutong Enterprise Corp. and Adidas International Marketing, competitors from different ends of the world, crossed swords over the use of their respective marks before the Intellectual Property Office of Singapore (“Adidas International Marketing BV v Lutong Enterprise Corp [2018] SGIPOS 12”). Adidas is a household brand name that was founded in Germany in 1920 […]
THAILAND: New Regulations of the Thai Trademark Appeal Board Bring Changes to Procedures and Formalities of Appeals
New regulations of the Trademark Appeal Board B.E. 2561 (2018) (TTAB Regulations) became effective on March 25, 2019. The Thai Trademark Appeal Board (TTAB) was established by Section 95 of the Trademark Act B.E. 2534 (1991) (Act), as amended by Section 18 of the Act, to deal with appeals arising from decisions of the Thai […]
SINGAPORE: Opposition Fails Against Trademark Application by Sumatra Tobacco
In a decision dated April 10, 2019 (CTBAT International Co. Ltd v. N.V. Sumatra Tobacco Trading Company, [2019] SGIPOS 8), CTBAT International Co. Ltd (opponent) failed in its opposition against the registration of trademark application no. 4020151934T (see image below) by N.V. Sumatra Tobacco Trading Company (applicant). Background The opponent filed an application on October […]
Burberry Limited and another v Megastar Shipping Pte Ltd [2019] SGCA 01
Introduction Burberry Limited and Louis Vuitton Malletier (“Appellants”) failed in their action against Megastar Shipping Pte Ltd (“Respondent”), a freight forwarder providing transhipment services for trademark infringement (Civil Appeal No. 237 and 238 of 2017 respectively). Background The goods in question were counterfeit luxury goods in two sealed containers and were being shipped from China […]
SINGAPORE: The Patissier Delivers a Bitter Chocolate for Aalst to Swallow
In a decision dated April 9, 2019, Aalst Chocolate Pte Ltd (applicant) unsuccessfully challenged the validity of a trademark registration for a stylized version of the words “The Patissier” (the subject mark). Aalst Chocolate Pte Ltd v. The Patissier LLP [2019] SGIPOS 7. The applicant is a Singaporean chocolate manufacturer and exporter. The Patissier LLP […]
SINGAPORE: Prerequisites for Marks with Foreign Words or Characters
As of April 15, 2019, trademark applicants in Singapore are no longer required to provide a translation and/or transliteration of foreign words and/or characters that appear in their marks. The Intellectual Property Office of Singapore released Circular No. 4/2019 stating, “This process will be automated and applicants need only to enter all the words and/or […]