A recent decision shows the importance of consumer perception of economic linkages to the likelihood of confusion inquiry. VV Technology Pte Ltd (the applicant) had already registered its mark for goods and services under other classes that overlapped with the opponent’s mark. The applicant then sought to register its mark under Class 42 for several services […]
Publications
SINGAPORE: Registrar Rejects Daimler’s Similarity and Passing-Off Claims
In a decision of February 9, 2022, Daimler AG (opponent) failed in its opposition action against Vivo Mobile Communication Co., Ltd (applicant) on grounds of similarity and passing off. The opponent lost principally due to a lack of evidence of use of its mark as registered and, thereby, lack of goodwill in its mark. This […]
Amendments to the Rules and Regulation on Inter Partes Proceedings in the Philippines
The Intellectual Property Office of the Philippines (IPOPHL) issued a Memorandum Circular No. 2022-013 on “Amendments to the Rules and Regulations on Inter Partes Proceedings” on 27 May 2022, which took effect on 30 June 2022. These amendments are in response to challenges posed by the Covid-19 pandemic, to ensure the continuity of operations and […]
Medical use claims in ASEAN countries
Singapore Under Section 16 of the Singapore Patents Act, “an invention of a method of treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body is not taken to be capable of industrial application.” However, first and second medical use claims are allowable in […]
Breach of the Protection Obligation by Trinity Christian Centre
A recent decision highlights the need to implement reasonable security measures in database servers to safeguard against personal data breaches. On 11 March 2021, Trinity Christian Centre (the “Organisation”) reported a data breach involving ransomware to the Personal Data Protection Commission (“PDPC”). The Organisation sought to expedite proceedings, readily acknowledging the facts and admitting to […]
Letters of Consent as a Determinant Factor in Trademark Examination in Indonesia
Letters of Consent remain one of the most persuasive and effective strategies for overcoming a citation objection from the Trademarks Registry in many jurisdictions, except for a few jurisdictions such as Indonesia. For the longest time, the Indonesian Trademarks Registry would not accept coexistence agreements and/or consent letters as a means of overcoming a citation […]
Amendments to Patents Law in Malaysia
The Malaysia Patent Office recently announced amendments to the Patents Act and Regulations, taking effect from 18 March 2022. Highlights of the key amendments are set out as follows: 1. New Section giving effect to Budapest Treaty A new section is introduced to the Patents Act and Regulations giving effect to the Budapest Treaty. The deposit […]
Daimler AG v. Vivo Mobile Communication Co., Ltd.
The case concerns an opposition in Singapore by Daimler AG (the opponent) to a trademark application by Viva Mobile Communication Co. (the applicant) to register (the application mark). The opponent had opposed the application on two grounds: namely, Sections 8(2) (b) and 8(7)(a) of the Trade Marks Act (Cap 332, 2020 Rev Ed) (the act). […]
Singapore: Revision in IP practice and official fees from April 29, 2022
The Intellectual Property Office of Singapore (IPOS) has announced certain changes to IP practices, as well as a general increase in official fees. The pertinent changes, which will take effect from April 29, 2022, are highlighted below: Official fees Trademark application fees will be increased from the current S$341 to S$380, while renewal fees have […]
Changes to Patent Examination Guidelines Concerning Computer- Implemented Invention in Vietnam Effective April 2022
Computer programs are generally known as a set of instructions expressed in the form of source codes, and when being executed by a computer device, are capable of performing a task or achieving a result. In Vietnam, computer programs are recognized as literary works and are protected under the copyright regime. Therefore, computer programs […]