The KASS team recently welcomed Danush Sinnan, an outgoing intern from New York!
Trademark Protection – A Long Way To Go?
By Ngan Pham
Your trademark has been granted a trademark registration certificate after two years of effortful prosecution – is this the happy ending you’ve been waiting for? Congratulations, but NOT yet.
A2 v Atwo: Can These Two “Similar” Marks Co-exist?
By Danush Sinnan
It can be difficult to ascertain whether your trademark rights are being encroached upon or not. When is another mark considered too similar? Owners are encouraged to assess the total impression of the mark, particularly from the perspective of the average customer. This was demonstrated in the recent case of Société des produits Nestlé S.A. v The A2 Milk Company Limited [2022] SGIPOS 12 where the Intellectual Property Office of Singapore rejected an opposition in which two marks appeared similar.
Thinking Of Using Your Surname As A Trademark?
By P. Kandiah
Did you know that many well-known brands are the names of the original founders of the business? Yes, you can use your name as a trademark for the products you manufacture, or for the services you provide (subject to certain conditions that we’ll discuss below).
[The Intern Interview] Lauren Bennardo
The KASS team recently welcomed Lauren Bennardo, an outgoing intern from Australia.
Key Takeaways In Vietnam’s Latest IP Law Amendments
By Linh Nguyen and Ngan Pham
The Vietnamese National Assembly finally ratified the Amended IP Law on 16 June 2022. The Amended IP Law will take effect from 1 January 2023, except for certain provisions on the protection of sound marks and protection of test data for agrochemicals, which come into effect respectively on 14 January 2022 and 14 January 2024.
Is MyIPO Upgrading?
By Nur Asmaa, Tharishini Manalan, Jasmine Lim and Sry Farhany
We are all living in the digital era where everything is just within our fingertips. Want to pay bills? Do it online. Want to shop? Online. Want to buy food? Also online. At one point, you could even have your IP rights protected online. However, the Intellectual Property Corporation of Malaysia (MyIPO) has stopped allowing online filings since 18 March 2022. A Practice Notice was issued, enforcing physical or manual filings due to the changes to the Patents Act 1983 and Patents Regulations 1986.
Use It Or Lose It: Can You Lose Your Registered Trademark Rights From Non-Use?
By Lauren Bennardo
Choi Sun Mi v Comfort Lab Inc [2022] SGIPOS 2
It is often assumed that once your trademark is registered, your rights are indisputable. However, this is not entirely correct. Did you know that you can lose the registration of your registered trademark if it is not used? Failure to properly use your mark in relation to the goods and services for which it is registered and within a specific time period makes it vulnerable to removal for non-use. The rationale for this law is that no brand owner should be allowed to “hog” a certain brand and hold monopolistic rights without exercising those rights. It is unjust to others who may wish to use that brand. This law was demonstrated in Choi Sun Mi v Comfort Lab Inc [2022] SGIPOS 2 where the applicant successfully revoked the registered proprietor’s trademark for non-use.
How a Dodol Trademark Stirred Up a Legal Dispute in Malaysia: Tan Kim Hock Product Centre Sdn Bhd & Anor v Tan Kimhock Tong Seng Food Industry Sdn Bhd.
The making of dodol usually takes a lot of physical energy, as the thick concoction requires many hours of constant stirring. But as you continue reading, you’ll find something else “stirring” up in this dodol story. In Malaysia, many foods are a fusion of rich cultures. Dodol is one such food. It is a sweet, sticky snack made from coconut milk, palm sugar and glutinous rice flour that is popular not only during Hari Raya celebrations but also across the Nusantara archipelago.
Thailand maintains “Watch List” status, commended for improvements in IP system
By Saowanee Leewijitsin
The United States praised Thailand for continuing to strengthen the country’s intellectual property system and suppress IP violations, as they announced that Thailand would remain on the 2022 “Watch List”, pursuant to Section 182 of the US Trade Act of 1974.
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