23 March, 2017

Asia-Pacific Regional Trade Mark Update - March 2017

Asia-Pacific Regional Trade Mark Update - March 2017

We’ve summarised a number of recent trade mark decisions from across the Asia-Pacific region to provide an update to practitioners and brand owners on current trends in trade marks in these markets.

Australian Trade Marks Office Highlights

Monster Energy Company v Disney Enterprises, Inc [2017] ATMO 2 (10 January 2017)

Schooling the Beast
No confusion likely between MONSTERS UNIVERSITY and MONSTER.
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Monster Energy Company v Nathan Darma [2017] ATMO 4 (13 January 2017)

Un-Unleash the Beast!
Reputation in UNLEASH THE BEAST! not enough to prevent registration of BEAST MODE.
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Beats Electronics LLC v Strategies Unleashed Pty Limited [2017] ATMO 6

Protons, neutrons, electrons, but no ATOMIC BEATS
Application for ATOMIC BEATS refused on basis of prior reputation in BEATS.
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AEG Ogden Pty Ltd [2017] ATMO 9

When is that Convention?!
Pre-use promotion not honest concurrent use.
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Citigroup Inc v George Sparsis [2017] ATMO 14

Can't take the Family out of the CITI
Application to register CITISALES & LEASING denied in the face of prior CITI- marks.
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Make Wine Pty Ltd v Modern Ancient Brands Pty Ltd [2017] ATMO 17

Cork Back in the Bottle
Non-use removal action fails, despite no use being made of the trade mark.
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New Zealand Trade Marks Highlights

Crocodile International Pte Limited v Lacoste [2017] NZSC 14

Supreme Snap - Supreme Court takes a bite out of Lacoste crocodile mark
Lacoste loses its crocodile trade mark in a New Zealand Supreme Court decision.
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Apple Inc. [2016] NZIPOTM 29 (9 December 2016)

How "I" saved the Apple watch
Application by Apple to register its trade mark IWATCH accepted.
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White Cloud Dairy Innovation Limited [2017] NZIPOTM 3 (13 January 2017)

White Cloud sees red
Application to register the trade mark KURA rejected.

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Brooks Sports, Inc. v Speedo Holding B.V. [2017] NZIPOTM 1 (12 January 2017)

Speedo gets out of hot water with notional use
Opposition by Speedo to an arrow device trade mark successful.
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China Trade Mark Update

Finally having time to chat?

China's Trade Marks Review & Adjudication Board (TRAB) explores oral examination for review cases.
Read full article >>

Singapore Trade Marks Highlight

Bigfoot Internet Ventures Pte. Ltd. v Apple Inc. [2017] SGIPOS 4

Sher-Knocked off
IPOS revokes Apple's SHERLOCK trade mark, finds not put to genuine use.
Read full article >>

Thailand Supreme Court Decisions

Koninklijke Philips N.V. vs. Department of Intellectual Property (2016) – Supreme Court Decision Number 2877/2559

Reason to smile
Thai Supreme Court upholds decision that PHILIPS mark is not too similar.
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Public Prosecutor, Office of the Attorney-General vs. Mr. Santad Korthong and Others (2016) – Supreme Court Decision Number 50/2559

An inky situation
Thai Supreme Court rules for trademark infringement, but against criminal offense.
Read full article >>

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