【商標Q&A：ベトナム】Q13. Are there any cases where a registered trademark becomes invalid?

On By tny_usr

A: The following cases apply.

  1. In the event that the holder of trademark right has not paid the fee for maintenance or renewal by the prescribed date
  2. In the event that the holder of trademark right has not declared waiver of rights granted by protection certificate
  3. In the event that there is no holder of trademark right or the company does not engage in business without a legal successor
  4. In the event that the registered trademark has not been used for 5 years continuously by the holder of trademark right or its holder without justification

【Trademark Q&A：Japan】Q30. If you want to register a trademark overseas, should you go through the Madrid Protocol?

On By tny_usr

A. The Madrid Protocol filing has many benefits.

  • Reduction of expenses
  • Easy application document creation
  • The examination is quick
  • Simplification of rights management
  • Extension of rights by subsequent designation

These are the main advantages of the Madrid Protocol application. Keep in mind, however, that if you have a small number of countries to apply for, the cost may be higher. In addition, you may not apply to countries that are not members of the Madrid Protocol.

【Trademark Q&A：Malaysia】Q12. What is the status of accession to major intellectual property related to treaties or institutions?

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Q12. What is the status of accession to major intellectual property related to treaties or institutions?

A: As of July 2019, it is as follows. () Is the year of membership

  • Paris Convention for the Protection of Industrial Property (1989)
  • Berne Convention for the Protection of Literary and Artistic Works (1990)
  • Patent Cooperation Treaty=PCT (2006)
  • Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (2007)
  • Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks (2007)
  • WIPO Copyright Treaty = WCT (2012)
  • WIPO Performances and Phonograms Treaty = WPPT (2012)
  • Agreement on Trade-Related Aspects of Intellectual Property Rights = TRIPS Agreement or TRIPs Agreement (2015)

【Trademark Q&A：Thailand】Q15. What action can we take against trademark infringement?

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Q15. What action can we take against trademark infringement?

A: Registered and unregistered trademarks are protected under the law. (Registered trademark: Trademark Act BE2534, Unregistered trademark: Penal Code Article 272-275 and Trademark Act BE2534 Article 46, Paragraph 2)

Trademark owners can suspend infringement and claim for damages. We can also use the Civil Code, Commercial Code, Consumer Protection Law, Pharmaceutical Affairs Law, Industrial Product Standard Law, and other related laws and regulations for exercising our rights. Prosecutors and trademark owners can prosecute criminal charges against infringers by bringing them directly to the court or to the police station for illegal activities. Violators will be penalized. (Trademark Law Article 107-116)

【Trademark Q&A：Vietnam】Q12. What can I do if an international registration of trademark becomes invalid?

On By tny_usr

A: An example of an invalid international trademark is Central Attack. If an international registered trademark is invalidated by Central Attack, it is possible to apply for a change to a Vietnamese domestic trademark registration application for some or all of the goods or services recorded as the invalid international registered trademark. In this case, the filing date will be the filing date or priority date of the invalidated international registration. Provided however, the application shall be submitted within three months from the date of invalidation of the relevant mark international registration.

What is Central Attack? Central Attack shall be valid if the application for trademark registration, etc., on which the international registration is based is refused, withdrawn, or abandoned within 5 years from the date of international registration, or if the trademark registration, etc., on which the basis is based expires or is invalid Or in the case of cancellation, all or part of the international registration shall be canceled within the scope of cancellation.

【Trademark Q&A：Japan】Q29. What is the Madrid Protocol?

On By tny_usr

A. The Madrid Protocol (Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks) establishes a trademark in a designated Contracting Party by receiving an international registration in the International Register maintained by the World Intellectual Property Organization (WIPO) International Bureau and it is a treaty that can secure protection. Japan has been a member of the Convention in 1999, and it has become possible to obtain trademark protection in foreign Contracting States with simple, quick means and at low cost. As of June 2019, 104 countries are members.

【Trademark Q&A：The philippines】Q18. How much does it cost to register a trademark?

On By tny_usr

A: Different for large and small businesses. A large company is defined as having a total assets of at least 100 million PHP. In addition, when claiming priority, etc., it will cost other than the following.

(1) Application fee (per category): 2,592 PHP (small: 1,200 PHP)

(2) Color claims (per category): 600 PHP (small: 280 PHP)

(3) Publication: 960 PHP (small: 900 PHP)

(4) Registration fee 1,200 PHP (small: 570 PHP)

(5) Submit declaration of use (for the third year) 1,920 PHP (small: 900 PHP) (6) 2nd Publication 960 PHP (small: 900 PHP)