By Rebecca Chong
Would past dealings tantamount to bad faith and consequently lead to invalidation of a trademark? Just as it is difficult to ascertain what is fair and what is not owing to the subjectivity of one’s view, accusation of bad faith is a very difficult claim to prove albeit we often think it is a clear cut case.
Arjo Wiggins Fine Papers Limited (the “Applicant”) is a leading manufacturer of creative and technical paper for use in a variety of industries and for different purposes, brought an action to invalidate a trademark registered by their former sole distributor, Transasia Fine Papers Pvt Ltd (the “Registered Proprietor”).
The Applicant supplied the Registered Proprietor with the “Curious Collection” papers for sale in India since 2002. Sometime in 2003, the Registered Proprietor came up with the idea of creating a bespoke marketing campaign targeting the creative designing industry. In 2004, the Registered Proprietor engaged a design communications company called Monkey Wrench Communications Private Limited (“Monkey Wrench”) and gave them the following instructions: (a) to invent a word that revolves around creativity and curiosity (b) wherein the invented word must trigger a question such as a “why” or “how” and that (c) further the word must be Indian but with a global connection. Based on these instructions, Monkey Wrench came up with the word “KYOORIUS”, which is a combination of “KYOON” (meaning “why” in Hindi) and the English word “curious”.
By P. Kandiah
Trademarks indicate the source of the product or service to a customer. That is the primary role of a trademark. However, trademarks have come to play a very important role in today’s business world. How is a manufacturer of products to attract the attention of a customer whose attention is drawn by hundreds of similar products that he faces everyday? Just imagine that you are manufacturing a special formulation of body lotion or shampoo. In the supermarket shelves, there are dozens of brands of lotions and shampoos. What makes the customers choose your product? Is it the price, the packaging, the quality of the product or some other factor? No doubt all these factors play a role in the selection process but the brand (trademark) plays a vital role, arguably the most important role.
Kandiah (Founder & Managing Director) and Geetha K. (Director of Trademarks & Designs Division) has been awarded the IP Stars title by the well-renowned magazine Managing Intellectual Property (MIP). The award is given to individuals who are recognised for their outstanding contribution to and success in intellectual property law, as recommended by clients and peers.
Congratulations P. Kandiah and Geetha K.!
Kandiah has vast experience in obtaining patents, trademarks and industrial design rights on a global scale, and also specializes in identifying patentable inventions, designing around patented technology, and advising on the commercialization of IP Rights, franchising and licensing strategies.
Geetha K. has extensive experience in handling all aspects of trademarks, copyright and designs in various industries, and manages local, regional and international portfolios. She also provides franchising advice and assists with franchise agreements and the registration of franchises.
For more information, visit www.kass.com.my or drop an e-mail to email@example.com.
Eddy Sun is an owner of a Singapore patent for a lightbulb which simulates the morning sun by emitting controlled UV radiation to provide purported health benefits for people who are averse to going outdoors. The patent discloses two ways to achieve this; firstly, using mercury vapour and secondly, through use of wavelength filters. The claims of his patent, granted in 2011, only cover the mercury vapour embodiment. He also has a corresponding European patent granted in the following year which claims cover both embodiments.
By Samini Thiruchelvam
The people of Britain have spoken and Britain is making its way out of European Union (EU). As the event unfolded, it was amusing to learn how some blamed the baby boomers for the results and how some youngsters have not had the slightest clue about EU! Petition for a second referendum is now rejected and it has become clear that Britain is exiting EU.
News about companies pulling their operations out of London and researchers not being able to secure funds demonstrate some of the setbacks of Brexit. However, it may take several years to fully fathom the impact of Brexit.
Now that Britain has voted to exit the EU, what are the impacts on its Intellectual Property (IP) laws?
By Joel Cheong
Eddy Sun is the owner of a Singapore patent for a lightbulb which simulates the morning sun by emitting controlled UV radiation to provide purported health benefits for people who are averse to going outdoors. The patent discloses two ways to achieve this; firstly, using mercury vapour and secondly, through use of wavelength filters. The claims of his patent, granted in 2011, only cover the mercury vapour embodiment. He also has a corresponding European patent granted in the following year which claims cover both embodiments.
Five years later, Tetsu Lau, a competitor, releases a range of more efficient lightbulbs with wavelength filters in Singapore which are essentially the same as Eddy Sun’s second lightbulb embodiment but not covered by the Singaporean patent claims. In response, Eddy Sun initiates infringement proceedings against Tetsu Lau and files an application to amend the patent to be the same as the European patent.
Did Eddy Sun succeed in both – the infringement and the application to amend his patent?
We have great news for all brand owners. The much awaited entry into Madrid Protocol by Thailand has taken place. Thailand recently amended its Trademark Act and this change has become effective since 28 July 2016.