The High Court of Singapore recently decided a dispute involving the marks ST. REGIS and PARK REGIS & Design used for services in Class 43 by Starwood Hotels & Resorts Worldwide, Inc. and StayWell Hospitality Group Pty Ltd, respectively. The matter came to the Court on an appeal filed by StayWell against the decision of […]
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PARK REGIS And ST. REGIS To Coexist In Singapore
The High Court of Singapore recently decided a dispute involving the marks ST. REGIS and PARK REGIS & Design used for services in Class 43 by Starwood Hotels & Resorts Worldwide, Inc. and StayWell Hospitality Group Pty Ltd, respectively. The matter came to the Court on an appeal filed by StayWell against the decision of […]
Vietnam - Fungicide Infringers Extinguished
In general, administrative actions in Vietnam are initiated by filing a complaint with the Ministry of Science and Technology (MOST) Inspectorate, Market Control Office (MCO), Department of Customs (DC) or Economic Police (EP). The complaining party will submit the following: (i) documentary evidence of ownership of the infringed mark; and, (ii) proof of infringement, including […]
Thailand - When trade marks must be associated
Having a single-class system, a trade mark owner seeking registration in Thailand for the same mark in different classes will be required by the Trade Marks Registrar to “associate” its marks. Section 14 of the Thai Trade Marks Act states that the Registrar may order an applicant of similar or identical marks, relating to goods […]
Malaysia - Useful Decision on infringement tests
The High Court of Malaysia recently issued a decision regarding patent and copyright infringement in BT Engineering v with characteristics similar to that of its own. The plaintiff further alleged that the defendant had infringed its copyright through the unauthorized use of photographs and design drawings. The defendant denied the allegations and in turn sought […]
Vietnam Government Tightens Domain Name Protection
The Vietnamese Government, through the Ministry of Science and Technology (MOST) has issued a Circular (No: 37/2011/TT-BKHCN) which provides detailed guidance for the implementation of Decree No 97/2010/ND-CP on sanctions for administrative violations of industrial property rights. The Circular came in to effect on 11 February 2012. Among other significant changes, the Circular introduces a […]
Indonesia Supreme Court Issues New Rules On Search Warrant And Preliminary Injunction (Provisional Decision)
The Supreme Court of Indonesia has issued Regulation No. 5 of 2012 laying down the requirements and procedure for obtaining a Provisional Decision on Intellectual Property Rights Violations. A Provisional Decision in Indonesia has a similar effect as a Search Warrant and Preliminary Injunction against alleged infringers. The new rules took effect on 30 July […]
Cancelling Bad Faith Registrations in Thailand
Ever so often, a trademark owner finds itself unpleasantly surprised when it discovers that its mark has been registered by unauthorized parties. Under Section 67 of the Trade Marks Act, a trademark owner may petition the Central Intellectual Property and International Trade Court (CIPITC) to have the unauthorized registration cancelled within five years from the […]
Thailand - Precedent On Descriptiveness And Suggestiveness
The issue of determining whether a mark is descriptive or merely suggestive of the goods sought to be protected has always been a debated area in Thailand. Though not many precedents are available, it was recently addressed by the Supreme Court in Liebherr-International v Department of Intellectual Property. The case before the Supreme Court required […]
Malaysia - Precedent Set On Trade Descriptions
To tighten trade mark enforcement, Malaysia passed the Trade Descriptions Act (TDA) in 2011. The purpose of this Act is to prohibit false trade descriptions and false or misleading statements, conduct and practices in goods and services, thereby protecting the interests of the consumers. In a recent case (DJ Auto Components Manufacturing v FBK Systems), […]