The graduate started using the same mark in the Philippines long before the French school tried to register but never applied for trade mark registration. The local entity argued that it was the first to use the mark in the Philippines, thus it should be entitled to register the mark ahead of the French school. Subsequent to filing the opposition, the local entity filed its own trade mark application covering the same mark. It further stated that adoption and use of the trade mark must be in Philippine commerce and not abroad. In denying the opposition, the Supreme Court explained that only the owner of a mark has the right to register the mark, and a prior user of the mark in the Philippines does not necessarily mean the user is the owner.
3 Trademark Case Studies and Why Trade Mark is Important
Why a Trade Mark is Important to a business | GuideMeSingapore - by Hawksford
T he first decision on the protection of IP rights on the Internet. In what is known till date as a Landmark judgment in cybersquatting, the Delhi High Court held that a domain name served the same function as a trademark and was therefore entitled to equal protection. The name had acquired uniqueness and distinctiveness and was associated with the plaintiff. Daler Mehndi, the most famous pop star hailing from Punjab has created a niche audience and is immensely popular amongst Punjabi-pop music lovers. The crux of the case is that the defendants had prolific businesses in selling miniature toys of Daler Mehndi and majorly cashed on to his popularity. The plaintiff company had been assigned all the rights, titles and interests in the personality of the artist along with the Trademark, Daler Mehndi.
China’s Crackdown on Malicious Trademark Applications – “MONCLER” Trademark Opposition Case Study
Background A British manufacturer of biscuits has been selling cookies in Malaysia for more than 20 years, and has had a registered trade mark 'ChipsMore' for these goods during that time. Two years ago a Malaysian company started manufacturing and selling cookies under the brand 'ChipsPlus. Advice The British company was advised that they could sue the Malaysian company for trade mark infringement and also 'passing off', which can be used to enforce unregistered trade mark rights and exists in Malaysia as it is a Common Law country.