【Trademark Q&A : Malaysia】Q4. What kinds of right does trademark owner have?
A: The following rights has given to trademark owner.
(1) Right to transfer a trademark
(2) Right to use a trademark exclusively
(3) Right to file the trademark infringement suit against unauthorized use of trademark
【Trademark Q&A : Japan】Q8. How to apply for registration of trademark?
A: If in Japan, submit a trademark registration application that contains the necessary information to the Commissioner of the Japan Patent Office with a patent stamp equivalent to the application fee amount.
The following are the main items that must be included in the application when submitting a written document of ordinary letters and figures in writing.
(1) Document name
(2) Reference number
(3) Submission date
(4) Destination
(5) The trademark for which registration is sought
(6) Designated goods or designated services and the class of goods or services
(7) Trademark registration applicant information
(8) The inventory of submitted items
You can also apply with filing of a Trademark Application in Electronic Form in which case it is very convenient because you can go online from application to receipt of documents.
【Trademark Q&A : Japan】Q7. What types of trademarks can be registered?
A: As of July 2019, registration is permitted for the following 10 types.
(1) Character trademark
(2) Graphic trademark
(3) Symbolic trademark
(4) 3D trademark
(5) Combined trademark
(6) Movement trademark
(7) Hologram trademark
(8) Trademark which consists solely of colors
(9) Trademark which consists solely of sounds
(10) Positional trademark
【Trademark Q&A : Myanmar】Q5. How long is the expiration of registration under the Registration Act?
A. There is no provision for duration in the Registration Act1909.
However, it is common practice to post a warning in the newspaper every three years due to Myanmar customs.
【Trademark Q&A : Thailand】Q5. What’s kinds of mark can be register as trademark?
A: Photo, picture, created figure, logo, name, phrase, sentence, letter. number, signature, set of colors, external shape or shape of object, sound, or a combination of one or more of above can be registered as follows.
(1) A “distinguishing” trademark.
(2) Trademark which does not prohibited under the Trademark Act.
(3) Trademark which does not the same or similar of registered trademark.
【Trademark Q&A : The Philippines】Q7. Is there a way to check for trademarks already registered in the Philippines?
A: You can check the “Philippine Trademark Database” on the Intellectual Property Office of the Philippine (IPOPHL) website.
【Trademark Q&A : Japan】Q6. Is there anything that can or cannot be registered as a trademark?
A: Yes, there is. To register a trademark, the following conditions must be met.
(1) A mark for which identical or similar trademarks are not registered
(2) A mark with clear characteristics
(3) A mark that does not cause to misunderstand the goods
(4) A mark that does not violate the public interest
The following are examples of marks that cannot be registered.
(1) A mark that cannot distinguish own goods or servises from the third party’s
(2) A mark contrary to public interest, such as confusing public agency marks
(3) A mark that may be confused with the third party’s registered trademarks or well-known trademarks
【Trademark Q&A : Malaysia】Q3. What kind of trademarks we can register in Malaysia?
A. First, a trademark is defined as the things to use a mark, brand, title, label, ticket, name, signature, word, letter, number, or a combination of these in relation to goods or services.
For this reason, the following six types are able to be registered in Malaysia currently and do not include odors, sounds, monochromatic colors or holograms and so on.
(1) Character trademark
(2) Graphic trademark
(3) Symbolic trademark
(4) Three-dimensional trademark
(5) Combined trademark
(6) Color trademark
【Trademark Q&A : Vietnam】Q4. What can or cannot be registered as a trademark?
A: The followings can be registered as trademarks.
Being a visible sign in the form of letters, words, drawings or images, including holograms, or a combination thereof, represented in one or more colors.
However, the trademark owner’s goods or services must be identifiable from those of other companies.
The followings cannot be registered as trademarks.
(1) Color
(2) National flags and national emblems
(3) Organization name, flag, symbol
(4) Real names, alias, pseudonyms or images of leaders, national heroes or famous personalities of Vietnam or foreign countries
(5) Signs which cause misleading or confusion or deceive consumers as to the origin, properties, intended utilities, quality, value or other characteristics of goods or services
【Trademark Q&A : Japan】Q5. What is the function of the registration of a trademark?
A: The registered trademark mainly has the following four functions.
(1) “Other product identification function” A function to distinguish one’s goods from others’ goods
(2) “Source Display Function” A function that indicates that goods with the same trademark are always distributed from a certain source.
(3) “Quality Assurance Function” A function that indicates that goods with the same trademark have the same quality.
(4) “Advertising Function” A function that differentiates one’s own product from another’s product using a trademark and motivates consumers to purchase one’s own product.