Region: Asia-Pacific

Mediation success in Fun Toast v Fun Tea dispute

A key takeaway is that techniques such as visualisation and reframing are useful tools that can help parties look beyond their initial positions.

06 September 2024

Thailand: Examiners’ unique approach to distinctiveness underscores complex registration process

Featured in The Trademark Prosecution Review 2025

There are several key aspects of Thailand’s registration process that rights holders need to know, from the first-to-file system to renewals. One crucial element is that examiners often consider abbreviated marks to be non-distinctive; the same goes for captions or descriptions of goods or services.

06 September 2024

Best practices for protecting trademarks containing geographical names in China

Featured in The Trademark Prosecution Review 2025

Securing geographical indications in China can be difficult for brand owners, but gaining a thorough understanding the current examination practices will increase the chances of success. The CNIPA issued guidelines last year that clarify the boundaries of these rights, which should bolster post-registration protection. 

06 September 2024

Vietnam: A fresh take on third-party observations in trademark applications

Featured in The Trademark Prosecution Review 2025

Recent amendments to the IP Law emphasise the role of third-party observations in the examination of trademark applications. The new legislation makes it easier for third parties to bring potential conflicts to the IP office and serves as a cost-effective safeguard in Vietnam’s registration system.

06 September 2024

India: Practical application of legislation to enhance dispute resolution efficiency

Featured in The Trademark Prosecution Review 2025

As India continues to evolve as a major player on the global IP stage, it is essential for rights holders to understand the criteria for registration. New IP divisions at the Delhi and Madras High Courts aim to improve the efficiency of trademark prosecution and enforcement, aided by the robust framework of the Trademarks Act. 

06 September 2024

China: Navigating non-use cancellations before the CNIPA

Featured in The Trademark Prosecution Review 2025

After a surge in non-use cancellation reviews, rights holders should be aware of the legal nuances to avoid potential pitfalls. A deep dive into the CNIPA’s regulations and recent cases sheds light on the development of non-use processes in China, particularly when it comes to OEM practices and trademarks on gifts.

06 September 2024

AI is the solution to its own disruption: exclusive interview with MarqVision CEO

The brand protection platform's CEO insists traditional monitoring methods “simply are not sustainable” as AI provides the solution to advanced counterfeiting online.

05 September 2024

Pune court allows local restaurant to use BURGER KING mark following 13-year dispute

The judgment serves as a warning that trademark rights are significantly influenced by actual use in India. 

05 September 2024

Lacoste wins long-standing trademark infringement battle at the Delhi High Court

After a dispute spanning 23 years, the Delhi High Court has ruled in favour of Lacoste and permanently restrained sports fashion brand Crocodile International from using its standalone crocodile logo in India. The decision sheds light on territoriality of trademark rights when it comes to international coexistence agreements.

05 September 2024

IP Australia updates fees; Ukraine adopts new GI rules; Libya reopens trademark operations – IP office updates

In our latest update, we look at the USPTO's new TTAB filing functionality, the UKIPO issuing updated guidance on Civil Procedure Rules, and more.

04 September 2024

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