On 3 February 2021, the Ministry of Law and Human Rights of Republic Indonesia issued an amended implementation regulation to support the provisions of the current Trademark Law No. 20 of 2016. This implementation regulation is No. 12 of 2021 (the “Regulation”) was issued to accelerate the timeline for prosecuting a trademark application. In Article […]
Publications
What to Expect When the Personal Data Protection Act B.E. 2562 Is Fully Enforced in June 2022
Incidents of unauthorized disclosure of personal information to third parties has raised concern over personal data security across the globe. In 2015, the General Data Protection Regulation (“GDPR”) was published, being the first personal data protection law passed to protect all European Union citizens. To comply with international standards, Thailand has adopted the provisions of […]
Late filing of evidence in a trademark opposition proceeding, pardoned!
This matter pertains to registration of the mark “BEABA” at the Intellectual Property Office of Singapore (IPOS) filed under No. 40201909817Y in the name Biba (Zhejiang) Nursing Products Co., Ltd. (the applicant), and an opposition thereto by BEABA (the opponent). The issue surrounds a late request for an extension of time to file evidence by […]
Diesel S.P.A. v. Bontton Sdn Bhd: The own name doctrine and the court’s power to make declarations of non-infringement
In Diesel S.P.A. v. Bontton Sdn Bhd [2020] MLJU 715, the Malaysian Court of Appeal was faced with, inter alia, the novel issues of, firstly, whether the court has discretionary powers under Malaysian law and/or an inherent jurisdiction to grant a negative declaration in respect of infringement, and, secondly, whether it should grant recognition of […]
Thailand’s Department of Intellectual Property (DIP) issue a new “Fast Track System” for Trademark Registration and Trademark Renewal
As per the recent Department of Intellectual Property (DIP)’s Declaration, the DIP has announced a Fast Track system for (1) Trademark Registration and (2) Trademark Renewal (effective from 23th February 2021), which can be summarised as follows: Trademark Registration Fast Track System- The usual timeframe for Trademark Registration as per the DIP Manual (as issued […]
Singapore: “Champengwine” application denied due to the grounds of bad faith
“CHAMPAGNE,” in connection to wines, is a geographical indication that it is produced through certain local requirements and is grown from specific regions in France. Keep Waddling International Pte. Ltd (the applicant) and its related companies have been using the trademark “PENGWINE” as their house-mark for their wines originating from Chile since April 2004. These […]
Gromark Consumers Enterprise & GK Laboratory (Asia): IP mediation
The Intellectual Property Office of Singapore (IPOS) recently had a successful mediation in October 2020, where the parties reached a mutually beneficial outcome that met the commercial concerns of both of them in a span of just eight hours. This success is enhanced by the fact that the dispute involved questions of intellectual property rights […]
MYANMAR: Update on Trademark Law Soft Opening
Steps are now underway to putting into practice Myanmar’s new Trademark Law, which passed on January 30, 2019. During the current soft opening period, trademark owners have exclusive access until at least March 2021 to re-file their trademarks in Myanmar electronically with the Department of Intellectual Property and obtain an earlier filing date, prior to […]
Untrue Promotions of "Daily Deals" Now Ceased at Expedia Singapore's Website
The misleading promotional activities on Expedia Singapore's website has now halted, thanks to the competition watchdog, the Competition and Consumer Commission of Singapore (“CCCS”). BEX Travel Asia (“BEX”), the website operator of Expedia Singapore, has put an end to its misleading promotions after the investigation by CCCS about its unfair practices. The “Daily Hotel Deals” […]
Valentino S.p.A loses to Matsuda & Co. over dispute in trademark name ‘Valentino’
Choosing a trademark for businesses comes with a risk, whether it is a given name, a surname, or a combination of the two. It is because others may be able to use these names in good faith without impinging upon the trademark owner’s rights. The more common the name, the more likely it is to […]