Branding is an important factor in marketing one’s goods and/or services. It is a known tool that could turn one into a popular trendsetter. When it comes to branding, one has to be firm, creative and yes, possessive!
In a recent case, the Plaintiff, P.T. Swakarya Indah Busana, sought to invalidate 15 “Martin” trademarks (“the Challenged Marks”) belonging to the Defendants, Haniffa Pte Ltd and another, on grounds that the marks were registered in bad faith, and that there was fraud in the registrations or the registrations were obtained by misrepresentation.
The Plaintiff succeeded in its former claim but failed in the latter.