Non-Traditional Marks in Malaysia

The Intellectual Property Corporation of Malaysia (MyIPO) has informed the public that it intends to widen the scope of trademarks recognized under the Trade Marks Act 1976 in Malaysia by including Non-traditional Trademarks (NTMs) in three years time. NTMs are basically new types of trademarks which do not belong to the pre-existing or conventional category […]

You Can Now Claim Convention Priority in Thailand

We are pleased to report to you that the National Legislative Assembly of Thailand has ratified accession to the Paris Convention on 10 January 2008. The Ministry of Foreign Affairs deposited the instrument of accession to the Paris Convention on 2 May 2008 and the Paris Convention will be binding on Thailand as of 2 […]

Descriptive and Generic Marks – Why to Avoid Using Them

Owning a registered trademark gives the owner exclusive rights to do the following: to use the mark on its goods and services; and to exclude others from using the same or very similar mark on same or related  goods and services. However, this monopoly of rights is given, by Trademark Offices worldwide, only to owners who […]

Trademark Searches – Worthwhile?

I recently attended a colleague’s wedding, which, despite my inherent detestation of attending weddings, I found quite delightful. I was particularly touched by the lovely speech given by the bride’s father. Speaking from experience, the man had this to say to his new son-in-law, “a man who gives in when he is in the wrong […]

Emmer Zecna vs. Ermenegildo Zegna Case

The High Court of Malaya in Kuala Lumpur in Civil Suit No. D8-22-1863-2002 on 8th March 2008 held at the end of a full trial, that the trademark Emmer Zecna does not infringe the registered trademark Ermenegildo Zegna in respect of the use of the mark in Class 25 for menswear. It further held that there was also no passing […]

Recent Developments in the Nice and Locarno Classification

NICE Classification The International Classification of Goods and Services for the Purposes of the Registration of Marks (known as the “Nice Classification), was, via the Nice Agreement, the result of the Nice Diplomatic Conference, which was held in Nice, France, on 15 June 1957. This Agreement was later revised in 1967 and 1977. The Nice […]