By Kevin Wong and Denise Loh (Ella Cheong LLC) Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Trademarks 2016, (published in September 2015) For further information please visit www.gettingthedealthrough.com. 1 Ownership of marks Who may apply? Any natural or legal person may apply for and own a registered trademark …
News Update: IPOS appointed as ASEAN’s first ISA and IPEA under the PCT
By Chiong Song Ning (Ella Cheong LLC) The Intellectual Property Office of Singapore (“IPOS”) has been appointed by the World Intellectual Property Office (“WIPO”) as an International Searching Authority (“ISA”) and International Preliminary Examination Authority (“IPEA”) under the Patent Cooperation Treaty (“PCT”). IPOS is the first IP office (out of 19 around the world) to be appointed by WIPO …
Use with consent, or use without consent: that is the question. – In the The Case of Romanson Co., Ltd v Festina Lotus, S.A [2015] SGIPOS 3
By Denise Loh & Eileen Fong (Ella Cheong LLC) On 2 February 2015, it was decided that the Applicant, Romanson Co., Ltd, successfully revoked Trade Mark Registration no., T9004265I for the Festina Mark on the basis of non-use under section 22(1)(a) and (b) of the Trade Marks Act. In Singapore, a trade mark registration may be revoked under section …
Case highlight: Mesuma Sports Sdn Bhd v Majlis Sukan Negara Malaysia [2014] 1 LNS 1054
By Zuhairy Fauzy (Ella Cheong IP Services Sdn Bhd) What happens when the owner of a trade mark wakes up one morning to find that their mark has been registered by their business partner without consent? This recent case from September 2014 takes a closer look at the issue. The Appellant, Mesuma Sports Sdn Bhd (“Mesuma”), is a supplier …
A Tale of Two Foxes – in the case of Fox Street Wear Pte Ltd v Fox Racing, Inc. [2014] SGIPOS 13
By Kevin Wong (Ella Cheong LLC) Two companies were recently caught up in a contentious saga in Singapore over their trade marks relating to the above-captioned mammal. At the end of its tale (pun intended), the opponents succeeded in putting the brakes on registration of the applicants’ mark, notwithstanding that one of the earlier marks relied upon by the …
Revamped Geographical Indications Regime in Singapore Beckons
By Kevin Wong & Eileen Fong (Ella Cheong LLC) A new Geographical Indications (GIs) Registry and other legislative changes relating to GIs are being introduced in Singapore. Briefly, a GI is an indication that serves as an identifier in trade of the geographical origin of products (this is unlike the more commonly known concept of a trade mark (TM), …
New Data Protection Law in Singapore
By Soh Kar Liang & Eileen Fong (Ella Cheong LLC) On 2 January 2014, Singapore embarked on the 1st phase of implementing the Personal Data Protection Act (PDPA). The PDPA is a huge step up from the previous lack of a comprehensive regime for privacy and data protection in Singapore despite the rising prevalence of electronic commerce and social …
Voluntary Notification in Malaysian Copyright Law and Copyright Issues in the Trans-Pacific Partnership Agreement
By Zuhairy Fauzy (Ella Cheong IP Services Sdn Bhd) In Malaysia, copyright is protected under the Copyright Act 1987. It was recently amended in 2012. One of the more significant aspects of these amendments is the option for authors or licensees of creative works to provide voluntary notification of copyright to the Controller of Copyright, thereby providing prima facie evidence …
Review of Registered Designs Regime in Singapore
By Denise Loh (Ella Cheong LLC) The Intellectual Property Office of Singapore (IPOS) is carrying out its first major review of Singapore’s registered designs regime since the year 2000. The key objectives of this review are to accommodate new technologies and business models as well as to support the growth of designs-related industries. As part of the review, IPOS conducted …
IKEA v IkeaHackers: the Trade Mark Dispute That Never Was
By Zuhairy Fauzy (Ella Cheong IP Services Sdn Bhd) The Malaysian IP scene was recently abuzz with a brief yet colourful trade mark feud involving one of the country’s most beloved brands. IkeaHackers.net is a fan-run website which hosts user-generated ideas on modifications and repurposing of products made by the Swedish furniture giant IKEA. The site was established in 2006 …