MIP Search | Managing Intellectual Property

Court cases cast doubt on well-known status

Despite guidelines from the Thai courts on determining the identicalness and confusing similarity between trade marks seeking registration and prior marks, one statutory provision remains unclear. The Thai Trademarks Act's prohibition of marks identical or confusingly similar to well-known marks, Section 8, read with Section 8 (10) provides that:

Managing IP Correspondent, March 28 2012

The complexities of corresponding applications

A feature of the Singapore patent system which makes it very cost-effective is that a Singapore patent may be obtained based on the search and examination results of a foreign corresponding patent application. Accordingly, it is possible to avoid the costs of a local Singaporean search or local Singaporean search and examination.

Managing IP Correspondent, March 28 2012

Where must a trade mark be well known?

Well-known trade marks enjoy a privileged level of protection in two respects. First, the legal system provides protection even in cases where a well-known mark has not been registered. Second, the specialty principle whereby a trade mark is only legally protected in relation to those products or services for which its registration was requested and granted is not applicable.

Managing IP Correspondent, March 28 2012

Revised trade mark law set for June

After three readings by the Legislative Yuan, the new Amendment to Taiwan's Trademark Law was passed on May 31 2011, and is expected to take effect beginning June 2012. While the Amendment makes a number of modifications to the Law, the key changes are highlighted below.

Managing IP Correspondent, March 28 2012

Golden bunny decisions contradict

Lindt's golden bunny has – as is generally known – already hopped its way to Luxembourg in order to clarify under what conditions a trade mark application has been filed in bad faith.

Managing IP Correspondent, March 28 2012

Trade marking linsanity

The emergence of a new celebrity in the public spotlight seems to always be greeted with a great rush by entrepreneurial-minded people to try and capitalise on the newfound fame. Such attempts have historically included trade mark filings made by parties with no connection to the celebrity, for marks consisting of their name or of slogans associated with the celebrity.

Managing IP Correspondent, March 28 2012

Patent changes pass Senate

Australia is about to see an alteration to its patent laws driven by the Australian Patent Office. The Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 was just passed by the Australian Senate. Given the lack of political interest or opposition to the Bill, it is likely to be approved within three months, to become law 12 months after approval.

Managing IP Correspondent, March 28 2012

North America Awards winners revealed

Leading firms from the US and Canada were honoured at Managing IP's fifth annual awards ceremony this week

Managing IP Correspondent, March 29 2012

MEPs: why we voted against ACTA court referral

IP owners are mistaken if they imagine yesterday’s decision by MEPs not to refer questions about ACTA to the EU’s top court reflected a softening in their position

March 28 2012

PubPat appeals to Federal Circuit on false marking statute

The Public Patent Foundation has filed a notice of appeal in the Federal Circuit in a false marking case regarding Tylenol products

Managing IP Correspondent, March 28 2012

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