Our Asia-Pacific Regional Trade Mark Update provides a summary of recent trade mark decisions and current trends in trade marks in a number of markets across the region. MORE

On 6 July 2018, the Hong Kong Court of Appeal reversed the High Court’s decision and held that Hugo Boss AG (“Hugo Boss”) was not able to rely on internet evidence in support of their trade mark infringement and passing off claim. MORE

4 Brothers Brewing applied to register the below trade mark in connection with beer and the brewing of beer. MORE

Cambodia has sixteen million people, an open economy, and has experienced rapid economic growth over the last decade. The standard of living of the Cambodian people continues to improve as the economy grows. MORE

This matter concerned an application by ATP Institute Pty Ltd to register the trade mark MULTI FOOD in connection with supplements in Class 5. MORE

A new trade mark system in Myanmar could be only months away with the draft trade mark law (the “Law”), Myanmar’s first trade mark law, currently under review by the Lower House of Parliament. MORE

Monster Energy Company opposed registration of trade mark application No. 1039137 UNLEASH YOUR POWER in Class 30, owned by Nutrition Fit 2004, Limited. Monster Energy’s opposition was based on its various prior marks containing the words UNLEASH THE BEAST! or similar.. MORE

Elmwood Design opposed the application by Dig & Fish to register the trade mark DIG&FISH in connection with a range of business and information technology services. MORE

The appellant, an international pharmaceutical company, filed a notice of opposition before the Registrar under section 28 of the Trade Marks Act 1976 (‘the TMA’) against the respondent’s application for “Bionel” in Class 5 on the grounds that inter alia, the respondent’s mark was confusingly or deceptively similar to the appellant’s mark registered mark for “BION” and “BION 3” in Classes 5, 29 & 30 and that the registration would likely deceive or cause confusion amongst the public. MORE

The New Zealand Institute for Plant and Food Research Limited (“NZ Institute”) applied to register trade mark application No. 955412 PLANT AND FOOD RESEARCH; PLANT & FOOD RESEARCH (series) in Classes 9, 16, 41, 42 and 44. MORE

The appellant, an international pharmaceutical company, filed a notice of opposition before the Registrar under section 28 of the Trade Marks Act 1976 (‘the TMA’) against the respondent’s application for “Bionel” in Class 5 on the grounds that inter alia, the respondent’s mark was confusingly or deceptively similar to the appellant’s mark registered mark for “BION” and “BION 3” in Classes 5, 29 & 30 and that the registration would likely deceive or cause confusion amongst the public. MORE

Thai Supreme Court Guidance.
Section 13 Paragraph 2 of the Thai Trademark Act directs Registrars to refuse applications for marks that are similar to a prior registered mark, given that such similarity is likely to mislead or confuse the public as to the ownership or origin of the goods claimed. MORE

On 23 August 2018, Parliament passed legislation amending the Competition and Consumer Act 2010 (Cth)(CCA). The amendment increases the maximum financial penalties under the Australian Consumer Law for provisions including unconscionable conduct, false or misleading representations, unfair practices (such as bait advertising), supplying banned consumer goods or services, and breaches of safety standards. MORE

Starting from September 1, 2018, the China National Intellectual Property Administration (CNIPA) and the United States Patent and Trademark Office (USPTO) will switch to the World Intellectual Property Organization (WIPO) Digital Access Service (DAS) platform for exchanging electronic priority documents. MORE

According to Indonesian Patent Law (Article 20), patent owners are obligated to make products or use processes that are covered by their patent in Indonesia in order to support technology transfer, investment and/or local employment. MORE

Casella Wines Pty Limited (Casella) filed a trade mark application on 15 December 2015 for the word mark ABEL TASMAN in respect of wine in class 33. It was accepted on 12 May 2016 and subsequently opposed by Southcorp Brands Pty Ltd (Southcorp) under sections 44, 60, 42 and 62A of the Trade Marks Act (the Act). The Hearing Officer only considered the section 60 ground (which was enough for the opposition to succeed). MORE

In our newsletter of March 16, 2017 we reported on the recent changes in the Guidelines for Examination http://www.spruson.com/china-revises-guidelines-for-patent-examination/ . In one paragraph we speculated that there is a need for “including narrow claims, as a reservoir for amendments in case the patent is later challenged in invalidation proceedings” even though the new guidelines offered more freedom to make amendments during invalidation. MORE

The Intellectual Property Office of Singapore (IPOS) has recently become the ninth IP office recognised by WIPO as a Supplementary International Search Authority (SISA). IPOS is also the only SISA capable of searching a Chinese database in Chinese. MORE

Spruson & Ferguson welcomes its expanded Australian team and is pleased to now offer direct services from an additional primary office in Brisbane. As previously announced, Spruson & Ferguson has merged with Australian IP firms Cullens and Fisher Adams Kelly Callinans to form one combined firm operating as Spruson & Ferguson. MORE

Spruson & Ferguson is pleased to announce the appointment of seven new Principals across the firm as part of the 2018 promotions. MORE