【Trademark Q&A：Thailand】Q14. Is there a way to confirm a trademark that is already registered in Thailand?
A: These are the following methods.
(1) Thailand Trademark Database
https://www.wipo.int/branddb/th/en/
This is the official database of the Department of Intellectual Property, Ministry of Commerce (DIP).
The trademark database used to be a registration system and was subject to fees and users were limited to Thai residents only.
But these restrictions have been repeal. However, the database language is available only in the Thai language.
(2) ASEAN TMview
http://www.asean-tmview.org/tmview/welcome
The search for trademarks in 9 ASEAN countries is available. The countries included are Brunei, Indonesia, Cambodia, Laos, Malaysia, Philippines, Singapore, Thailand, and Vietnam.
(3) FOPISER
https://www.foreignsearch.jpo.go.jp/
This is a foreign patent information inquiry service provided by the Japanese Patent Office.
【Trademark Q&A：Japan】Q28. What is the priority of the Paris Convention?
A. The priority of the Paris Convention means that an application for the registration of the first patent or trademark registered in its own country (first-country application) is filed by another ally within a certain period of time (second-country application) Is given to The judgment of novelty, etc., that was recognized at the time of filing the first application is also valid for the second application. The fixed period is 12 months from the date of the first application for a patent and 6 months from the date of the first application for a trademark. When applying for a second country, you will need to prepare a translation, application documents for the country in which you seek protection, etc., each of which will benefit for a certain period.
【Trademark Q&A】Q11. What procedures should I take if I want to register a trademark in Malaysia that has already been registered or filed in Japan?
A. Malaysia is not a member of the Madrid Agreement adopted in June 1989, which allows a single application to be filed with the Japanese Patent Office and allows applications to other countries. Therefore, you must apply directly to the Malaysian Trademark Registration Office or apply electronically through the Malaysian Intellectual Property Corporation website.
Q17. What intellectual property laws are in the Philippines?
A: The Philippines mainly has the following intellectual property laws.
・Philippine Competition Act
・Universally Accessible Cheaper and Quality Medicines Act
・Personal Property Security Act
・Cybercrime Prevention Act
・Anti-Camcording Act
・Philippine Technology Transfer Act
・Optical Media Act
・Food and Drug Administration Act
・Philippine Plant Variety Protection Act
・Anti-Money Laundering
・e-Commerce Act
・Special Law on Counterfeit Drugs
・Consumer Act
・Foods, Drugs & Devices, and Cosmetics Act ・Use of Duly-Stamped and Marked Containers
【Trademark Q&A：Thailand】Q13. How long is the term of trademark right?
Q13. How long is the term of trademark right?
A: Trademark rights will be protected for a decade from the date of application.
It can be updated every decade and if it is updated continuously, it will be for permanent. However, we must apply for renewal registration within 90 days before the end of the trademark term.
Registered trademarks are considered registered on the date of filing.
In addition, regardless of the term, if ground for invalidation may be discovered there will be a possibility of invalidity through trial examination.
【Trademark Q&A：Japan】Q27. What is the Paris Convention?
A. The Paris Convention is a treaty on an industrial property that was enacted on March 20, 1883, and entered into force on July 7, 1884.
Japan joined in 1899, and the Member States have the freedom to take legislative measures on industrial property rights (industrial property rights). For example, you can specify what the patent requirements and how the rights will be enforced, as long as they do not violate the provisions of the Paris Convention. The three principles are the principle of national treatment, the priority system, and the principle of patent independence in each country.
Priority, which is considered particularly relevant when acquiring intellectual property rights overseas, arises based on patent applications, applications for utility models, designs, and trademarks.
【Trademark Q&A：Vietnam】Q10. What can I do about infringement of trademark right?
A: We can take civil, administrative, or criminal legal remedies against the infringement of trademark right.
Civil remedies
- Compelling the termination of infringing acts
- Compelling the public apology and rectification
- Compelling the performance of civil obligations
- Compelling the payment of damages
- Compelling destruction, distribution or use for non-commercial purposes of goods, raw materials, materials and means used largely for the production or trading of intellectual property right-infringing goods, provided that such destruction, distribution or use does not affect the exploitation of rights by intellectual property right holders.
Administrative remedies
- Caution, monetary fine against infringer
- Confiscation of intellectual property counterfeit goods, raw materials, materials and means used mainly for production or trading of such intellectual property counterfeit goods
- Suspension of business activities in domains where infringements have been committed for a definite time
- Discarding infringing products and materials
- Temporary custody of infringer
- Temporary custody of infringing goods, material evidence and means
- Suspension of customs procedures for goods suspected of infringing upon intellectual property rights, and inspection and supervision to detect goods showing signs of intellectual property right infringement.
Criminal remedies
- Caution against infringer
- Monetary fine against infringer
【Trademark Q&A：The Philippines】Q16. What should we do if we want to register a trademark in the Philippines?
A: Regardless of whether the trademarks are registered in your own country or not, if you wish to register the trademark overseas, consider international applications through the Madrid Protocol. Consider it the Madrid Protocol is a treaty that allows the trademark registration in various countries to proceed quickly and smoothly with only one international application for the World Intellectual Property Organization (WIPO). As of April 2019, 104 countries, including the Philippines, are members of the Madrid Protocol.
If you wish to register a trademark in the Philippines, designate the Philippines as an international application via the Madrid Protocol. Upon receiving notice from WIPO, the Intellectual Property Office of the Philippines (IPOPHL) will conduct a substantive examination of the trademark in the same way as a domestic trademark application. Then, if there is no reason for refusal, they will send a letter to WIPO stating that the trademark has been protected in the Philippines. The document giving the protection has the same effect as the registration certificate.
Another advantage of the international registration is that the renewal procedure can be performed collectively at WIPO, and there is no complicated procedure for each country.
【Trademark Q&A：Japan】Q26. Is there a way to check the status of an international registration?
Yes. It can be searched on the website of the World Intellectual Property Organization (WIPO) International Bureau.
【Trademark Q&A：Thailand】Q12. How long does it take to register a trademark?
Q12. How long does it take to register a trademark?
A: If there is no reason for refusal, registration will take place within 10-18 months after application.
It takes about 9 to 10 months from application to examination, and about 12 to 16 months from application to registration. It takes about 21 to 26 months from application to registration in total.