Are Franchise Agreements Really Important?
By Jayvier Lee A strong and comprehensive franchise agreement, drafted by an expert franchise lawyer or legal counsel, is essential for protecting both the franchisor and the franchisee. This agreement lays a strong foundation, setting the stage for a successful and collaborative franchise journey. Did you know that one of the main factors behind any […]
Philippine Supreme Court Ruled Out First-To-File Rule In Trademark Registration Done In Bad Faith
By Syril Diesta The Supreme Court of the Philippines has declined to adhere to the first-to-file rule on registration of trademark in Philippine jurisdiction when it is not attended by good faith. It made this stance in its ruling in the case of Edmond Lim and Gerd Paland vs. Catalina See, G.R. No. 193569 promulgated […]
IPOPHL sets Mandatory Payment of Issuance and Publication Fees at the Time Of Filing A Request for Renewal of Trademark in Philippines
By Syril Diesta In order to streamline work processes and automate business-related transactions pertaining to the renewal of trademark registrations, the Intellectual Property Office of the Philippines (IPOPHL) has issued Memorandum Circular No. 2024-0023, which took effect on 25 July 2024, which amends IPOPHL Memorandum Circular No. 2023-001, or the Rules and Regulations on Trademarks, […]
[Series 2] Business Name Versus Trademark: Crafting Your Business Identity Amidst Legal Harmony
By Linh Nguyen Overview of the law case Parties: Plaintiff: Dat Xanh Group (abbreviated as DXG) Defendant: Real Estate Dat Xanh 47 Company Limited (abbreviated as DX 47). DXG, having business registration granted by Department of Planning and Investment in Hochiminh on 23/11/2003, owns trademarks “Dat Xanh” protected under several trademark registrations since 05/03/2009. The […]
Wait, is this Eng the Same as that Eng? – Confusingly Similar Trademarks
By Nadia Syakirah What’s worse than having a rival noodle shop opening across the street? Having the same name! In a recent Singapore decision in the case of Eng’s Wantan Noodle Pte Ltd vs Eng’s Char Siew Wantan Mee Pte Ltd [2023] SGHCR 17, it may seem like an interim pre-trial decision in respect of […]
A Legal Analysis on Misinterpreted Agreements: Dr Premananthan a/l Vasuthevan v Permai Polyclinics Sdn Bhd [2015] 5 MLJcon 127
By Yeshanthan Nair Introduction The case of Dr. Premananthan a/l Vasuthevan v Permai Polyclinics Sdn Bhd revolves around the issue on unlawful termination of a management agreement entered between the Plaintiff, a medical doctor operating a private clinic, and the Defendant, a company providing management services to medical practices. However, the Plaintiff raised an argument […]
Strategic Branding: Managing IP Rights in Culinary Business
By Rachapat Sumjinda Food entrepreneurs contribute to the diversity of food products in the market. By exploring the critical role of Intellectual Property (IP) rights in safeguarding and promoting innovation within the food industry, from the inception of culinary ideas to their presentation at the dinner table, various forms of IP protections are available to […]
Battle of the Brands: BEABA v Biba (Zhejiang) Nursing Products Co., Ltd
By Sajjaratul Yaqeen As a business owner, you may encounter copycats who create a trademark that bears a striking resemblance to your own registered trademark. When faced with such situations, what do you do? What action can you take?
A Caffeinated Clash: Starbucks vs. Starbung
By Rachapat Sumjinda Starbucks, the world-renowned coffee chain with branches across the globe, is known for its premium quality coffee and exceptional customer service. With over 36,000 outlets globally and continued revenue growth, Starbucks is clearly doing something right. However, its prices are often considered steep, particularly among average income earners in certain countries, resulting […]
Implied Consent or Innocent Infringement: The Legal Conundrum in Bayland Sdn Bhd & Anor v Paulus De Kruijff [2021] 12 MLJ 934
By Zainal Amshah Can infringement of a registered trademark occur if consent was given for the use of the trademark by the registered owner? According to Section 40(1)(dd) of the Trade Marks Act 1976 (“TMA”), no infringement occurs if a trademark is used by someone in relation to goods or services whereby the registered proprietor […]