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) […]
Malaysia - High Court Overrules Registrar’s Rejection
On April 1 2009, the High Court of Kuala Lumpur, in delivering the judgment in the case of Illinois Tool Works, Inc v Pendaftar Cap Dagangan, Malaysia [2009] 1 LNS 507 (Illinois), provided proper guidelines for the Registrar in issuing acceptance or objections when examining a trade mark. Illinois is a Fortune 500 company, founded […]
Encouraging Innovations – The Policy of the Malaysian Government
Coming up with a great idea of invention often leaves researchers and inventors gleaming with joy. Implementation of the idea would mean vast monetary gain for some or recognition and a sense of achievement for others. In any case, having a great idea is one thing – putting it into an application, or rather having […]
Malaysia’s IP Laws To Be Revamped
Due to the recent debates over the rights of IP owners and public discontent, the Intellectual Property Corporation of Malaysia (MyIPO) has reviewed the Intellectual Property Laws of Malaysia and will soon be implementing amendments to resolve matters. The review and amendments will affect the Copyright Act, Trade Marks Act, Patents Act and Industrial Design […]
Malaysia - Registrar’s Discretion in a Trademark Application: Judicial Principles should Prevail over Arbitrariness
Illinois Tool Works, Inc v Pendaftar Cap Dagangan The Registrar of Trade Marks has a general discretion to refuse to register a trade mark which satisfied all the positive conditions laid down by the Trade Marks Act. However, that discretion must be exercised judicially on reasonable grounds which are capable of being clearly stated, and […]
Singapore - SingTel Strikes First Blow In “Mio” Trade Mark Suit
In a recent judgment, the Singapore High Court upheld the validity of Singapore Telecommunications Ltd's (SingTel) trade marks and accordingly acquitted SingTel of trade mark infringement against Mitac International Corporation's (Mitac) registered trade marks. Background Mitac is a company incorporated in Taiwan and is in the business of providing computed products, internet appliances, wireless communication […]