The Long and Winding Road – Supreme Court Finally Cancels Gloria Maris Marks Filed in Bad Faith
By Ma. Syril Diesta Bad faith in the context of trademark registration in the Philippines means that the applicant or registrant has knowledge of prior creation, use and/or registration by another of an identical or similar trademark. In the case of GLORIA MARIS SHARK’S FIN RESTAURANT, INC., PETITIONER, VS. PACIFICO Q. LIM, RESPONDENT, G.R. No. […]
Trademark Opposition in Singapore: A Case Study
Trademark opposition arises in the jurisdiction of Singapore during the trademark registration process, revolving around the trademark name ‘REALITY ENGINE.’ The marks are not only identical in class but also share the same mark name between the two parties. This case study explores the opposition between the applicant, Nobel Brands USA LLC, and the opponent, […]
Crocodile Clash: Lacoste’s 20-Year Trademark Tussle Ends With a Snap!
By Ma. Syril Diesta In a landmark decision, the Supreme Court of the Philippines ruled against Lacoste S.A. in the case of LACOSTE S.A. vs. CROCODILE INTERNATIONAL PTE LTD., G.R. No. 223270, promulgated on November 6, 2023. The Court upheld the previous rulings of the Intellectual Property Office – Bureau of Legal Affairs (IPO-BLA), the […]
Malaysia Airlines, Firefly and AirAsia: Unravelling The Complexities of Trademark Infringement
By Subithara Ramasamy This article of riveting case in Malaysia has thrust an issue into the spotlight, offering a dramatic exploration of trademark law’s boundaries and the protection of well-known marks. At the centre of this high-stakes legal drama is Malaysia Airlines Sdn Bhd, a titan of the aviation industry and FlyFirefly Sdn Bhd (collectively […]
How to Protect Your Slogan: Trademark Registration & Tips
By Linh Nguyen In the world of branding and marketing, few elements are as memorable as a catchy slogan. From Nike’s iconic “Just do it” to Apple’s thought-provoking “Think different”, slogans have their own way of sticking in consumers’ minds. These short, memorable phrases are more than just words as they become synonymous with a […]
Philippine Supreme Court Rejects Bad Faith in Trademark Registration
By Syril Diesta The Supreme Court of the Philippines has refused to uphold the first-to-file rule for trademark registrations when bad faith is involved. This stance was reaffirmed in the case of Edmond Lim and Gerd Paland vs. Catalina See, G.R. No. 193569, promulgated on January 25th, 2023, consistent with its earlier ruling in Zuneca […]
ZAYA vs. ZARA: Trademark Opposition Case in Malaysia
By Zainal Amshah In a trademark opposition case in Malaysia that mirrored the classic David vs. Goliath narrative, Aset Juara Holdings Sdn Bhd (the Applicant), championing the mark “ZAYA”, faced off against the industry giant Industria De Diseno Textil, S.A. (Inditex, S.A.) and their iconic “ZARA” brand (the Opponent). The decision, delivered by the Learned […]
IPOPHL’s New Trademark Renewal Rules: Effective per July 2024
By Syril Diesta To streamline work processes and automate business transactions related to the renewal of trademark registrations, the Intellectual Property Office of the Philippines (IPOPHL) issued Memorandum Circular No. 2024-0023. This new circular, which took effect on 25 July 2024, amends IPOPHL Memorandum Circular No. 2023-001, or the Rules and Regulations on Trademarks, Service Marks, […]
Dat Xanh Group Wins Trademark Case Against DX 47 in Vietnam
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 […]
AI’s Growing Impact in Indonesia and it’s Regulatory Approach
By Carla Monintja We are all aware of the growing presence of AI in modern life and how it has become inseparable from our daily routines. But what exactly is AI? AI, or Artificial Intelligence, is a technology developed by humans to simplify various aspects of our lives.