Region: Asia-Pacific

China: What Rights Holders Need to Know About Trademark Prosecution

Featured in The Trademark Prosecution Review 2024

With rocketing levels of applications and registrations, it is crucial that brand owners and practitioners understand what makes China’s trademark prosecution process stand out and best practices for navigating it.

22 September 2023

Specialist Chapter: Trademark Hijacking Across the Region and How to Overcome it

Featured in The Trademark Prosecution Review 2024

More and more Chinese brands are becoming known by overseas consumers, largely thanks to the Belt and Road Initiative. It is critical that Chinese companies know how to protect their brands overseas – especially throughout the Asia-Pacific region.

22 September 2023

Specialist Chapter: Common Mistakes to Avoid When Filing Trademark Applications in China

Featured in The Trademark Prosecution Review 2024

Often, foreign applicants fail to obtain trademark registration in China because they do not have a robust understanding of the Chinese Trademark Law, or the CNIPA’s regulations. How to choose goods and services and the importance of formality issues should be heeded when filing an application.

22 September 2023

Specialist Chapter: Letters of Consent in Chinese Prosecution Procedures

Featured in The Trademark Prosecution Review 2024

Letters of consent are not only a legal issue, but are crucial for consumer protection. As China shifts from high-speed growth to high-quality development, the CNIPA is changing its attitude to letters of consent in prosecution procedures.

22 September 2023

Thailand: Examiners’ Unique Approach to Distinctiveness Underscores Complex Registration Process

Featured in The Trademark Prosecution Review 2024

There are several key aspects about Thailand’s registration process that rights holders need to know, from the first-to-file system to renewals. One key element is that examiners tend to consider any abbreviated mark to be non-distinctive; the same goes for captions or descriptions of goods or services.

22 September 2023

Taiwan: Draft Amendments Aim to Attract More Rights Holders to Apply for Protection

Featured in The Trademark Prosecution Review 2024

Internationalisation has always been the goal pursued by Taiwan’s IP legal system. Through the newest amendments to the Trademark Act, simplified registration procedures and reduced costs will encourage enterprises to invest in innovation, thereby promoting market competition and economic development.

22 September 2023

Australia: The Prosecution Landscape From Pendency to Use Requirements

Featured in The Trademark Prosecution Review 2024

Both registered and unregistered trademarks are recognised and protected in Australia, either by way of formal registration under trademark legislation, or the protection afforded by the consumer law and the common law tort of passing off. Australia’s trademark legislation provides avenues for the opposition to registration of trademarks, as well as removal of trademarks from the register.

22 September 2023

India: Solutions for Addressing Grievances to Enhance Efficiency of Trademark Dispute Resolution

Featured in The Trademark Prosecution Review 2024

The Trade Marks Act plays a pivotal role in shaping India’s trademark registration and enforcement framework. With a focus on both registered and unregistered marks, it provides a robust system to protect trademark owners’ rights. Further, the creation of the IP division at the Delhi and Madras High Courts and the hiring of more hearing officers are significant steps toward improving the efficiency of trademark hearings and enforcement in India.

22 September 2023

China Bistro clarifies principles of trademark similarity and disclaimers

The Delhi High Court has found that phonetic similarity trumps visual dissimilarity in a trademark infringement case between food industry rivals. While the defendant Wow Momo Foods is defeated in this instance, the main suit is still ongoing.

21 September 2023

JPO and ASEAN IP offices collaboration plan; USPTO cloud-based search system; WIPO EU fee changes – IP office updates

In this latest update, the Spanish Patent and Trademark Office collaborates on a new designs report, the Georgian IP office plans to launch a GI social media campaign, and more.

20 September 2023

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