In January 2008, the firm donated some money to purchase stationery and snacks for poor pre-school children in two child day-care centres in Chennai, India. The day-care centres are sponsored by the Rotary Club of Annanagar, Chennai. This worthy project keeps the children under a teacher’s care and teaching instead of being left unattended
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 own trademarks which are distinctive (or unique) per se or marks which have become distinctive through use (where long use of the mark in the market has educated the market to view the non-distinctive mark as a trademark).
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 is a wise man; a man who gives in when he is in the right is married.”
True enough, we like to get our own way, especially if it is within our rights to do so. Many companies do this too, they zealously guard their rights and their possessions from being infringed or appropriated by others. But sometimes, a company’s troll-like possessiveness and over-the-top aggressiveness in pursuing the infringer may put the company in a bad light and ultimately its actions may affect the image of the company and the goodwill of its brand.
Before I go any further, I would like to make one thing clear. I do not harbour any proletariat sentiments of common ownership. Quite the contrary, I verily believe that companies should enforce their rights against any infringing parties. Nevertheless, companies should do so carefully and their actions should be proportionate to the severity of the infringement.
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 off of the Plaintiff’s trademark and business by the Defendant.
Ermenegildo Zegna is a trademark originating from Italy and is known for its expensive and desginer clothing, in particular menswear. Emmer Zecna is a Malaysian trademark used on low priced menswear.
Malaysia’s long awaited New Plant Varieties Act 2004 (NPVA) is scheduled to come into force on 1st July 2008 after the enabling Regulations are approved by the Attorney General’s Chambers. The Act is modeled after the 1978 Act of International Union for the Protection of New Varieties of Plants (UPOV) Convention, provisions of Convention on BioDiversity and Intellectual Property Rights systems of other countries. The government is now considering amending the Act to be UPOV compliant.
16 August 2006 is a significant date for the Malaysian and International business community as this was the date in which Malaysia’s accession to the Patent Cooperation Treaty (PCT) became in force.
The PCT system is a system which renders patent filing in numerous countries more effective and economical. It has to be stressed that the PCT system is not a system which grants international patents or world patents. There is no such universal protection system which gives patent protection in every country in the world merely by one single filing. Instead, the final responsibility of granting patents remains exclusively with the Patent Office in each respective member country.
KASS is jointly organising a seminar on Intellectual Property Rights together with the Malaysian Institute of Chartered Secretaries and Administrations (MAICSA) on March 24, 2007.
The seminar is intended to give an overview on Intellectual Property Rights and related issues. Participants will walk away with essential knowledge of Intellectual Property Rights and the competitive advantage these rights add to businesses.
The programme details and Registration Form can be accessed through the link provided below.
Those interested in attending the seminar should complete the Registration Form and fax the Form to us at 03-22841125. For further information on the seminar, please feel free to contact us at 03-22847872.
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 Agreement creates a Special Union (within the Paris Union) for the countries party to this Agreement, and establishes a classification of goods and services for the registration of marks. This system of classification simplifies the searching of trademarks used or intended to be used on similar or related goods and/or services.
Our Government has allocated a total fund of RM 200 million aside for companies who are taking their brand global. Called the “Brand Promotion Grant”(“the Grant”), the Government launched the Grant in 2003 under the Government’s new stimulus package to boost the economy.
According to Mr. Zakaria Kamarudin, the Senior Director of the Exporters Development Division of the Malaysia External Trade Development Corporation (MATRADE) who gave a talk on the Grant on October 29, 2007 at Hotel Nikko, the objectives of the Grant are to develop and promote strong Malaysian international brand names, to enhance image of the country as a manufacturer and supplier of high quality products and services and to encourage companies to shift from being an original equipment manufacturers (OEM) to original brand manufacturers (OBM).
On the invitation of the Asian Institute of Medicine, Service and Technology in Kedah,Malaysia, Mr. Kandiah gave a presentation entitled “The Importance of Protecting R&D Results” on 14th September 2007. The talk was attended by Senior Managers, researchers and staffs from the various faculties of the University.