Intellectual Property Rights holders can execute a General Power of Attorney (POA) authorizing its agent in the Philippines to represent them in applications and/or registrations before IP Philippines. One signed POA will be sufficient to cover present and future filings to be made in the name of the same applicant. However, a separate Power of […]
Thailand - The Case for Similar Marks - Trademark Examination Procedure
Thailand has always been a difficult jurisdiction for trademark protection. A key reason has been the unique practice of determining conflicting marks not only on the basis of phonetic and visual similarities, but on account of their transliteration in the Thai language as well. For example, KIRIN and KIRAINE. Moreover, even though the Nice Classification […]
Malaysia - Raytheon Wins Battle Of The Bombs
The battle between Lockheed Martin and Raytheon, the two of the largest companies in the global defence industry, reached a new level at the High Court in Malaysia last year. The argument was over the registration and use of the trade mark Paveway, a type of laser-guided bomb made by Raytheon in Malaysia. Both companies […]
Indonesia Makes Headway in Cancellation Action Proceedings
For Civil law jurisdictions like Indonesia, where rights in a trademark arise from registration, not use, a trademark cannot be enforced unless it is registered. The owners of internationally famous Trademarks such as LOUIS VUITTON, YVES SAINT LAURENT and GUCCI often face serious problems with world-wide infringement of these marks. If the mark is registered […]
Malaysia - The Law Of Passing Off Examined In Court
The Plaintiff's case The Plaintiff's brought an action against the Defendants for passing off, conspiracy to pass of, conspiracy to injure the trade of the Plaintiffs, malicious falsehood and slander of goods and infringement of trade mark under the Trade Mark Act 1976. The Plaintiff's product known as "Lady Gold" was registered under the Control […]
Malaysia - High Court Brokers Bunfight
We know that the most important purpose of a trade mark is to allow a customer to distinguish this product, with minimal private and social costs, from similar goods made by other manufacturers. But what happens when the original manufacturer has entered into agreements giving consent to another manufacturer to make those same goods on […]
Malaysia - Protecting The National Cuisine
The Malaysian Tourism Minister’s statement that Malaysia intends to stake its claim on recipes synonymous with the country’s identity, has sparked controversy among the public. Reaction is especially high in Singapore, where people dispute the origins of certain dishes Malaysia intends to claim. The Minister later said that Malaysia has no intention to patent local […]
IPAB Rules On Pharmaceutical Trade Marks
The use of a trade mark that is identical or deceptively similar to another’s trade mark leads to economic loss to the original proprietor as well as dilution of the mark and passing off. If the use of deceptively similar mark is in respect of pharmaceutical products falling in the same description, concerns of public […]
Malaysia - Court Removes Mark From Register
The High Court of Kuala Lumpur has, in a recent decision of its own, considered whether it has the powers to rectify the Trade Mark Register in an action to expunge a trade mark by unlawful proprietors. In the case of Regent Pumps Pty Ltd Nor v Keylargo Industrial Sdn Bhd (2009) 2 CLJ 303, […]
Thailand - Washington Apple Commission vs Department of Intellectual Property (DIP)
Washington Apple had successfully registered the mark "Washington" and "apple picture" after the Supreme Court of Thailand revoked the Trade Mark Board decision in the Supreme Court Decision No. 5449/2549 (2006). The trade mark application number 456808 for mark in class 31 for fresh apple was rejected by the Trade Mark Board (Board of Appeal) […]