ADIPVEN ANNOUNCES RECOGNITION OF RAMAKRISHNA DAMODHARAN AS PATENT STAR 2024 FOR MALAYSIA BY MANAGING IP
Adipven (M) Sdn. Bhd. (Adipven), a leading Malaysian Intellectual Property and Commercialisation (IP & C) Firm is proud to announce that our Managing Director, Ramakrishna Damodharan has been named Patent Star 2024 for Malaysia by Managing IP.
Managing IP’s annual awards celebrate the top IP professionals across the globe, recognizing outstanding achievements in the field. Mr....
MALAYSIA: SIKA GROUP TAKES ON NIPPON PAINT
MALAYSIA: SIKA GROUP TAKES ON NIPPON PAINT
In 2023, a trademark and copyright dispute has ensued between three subsidiaries of the SIKA AG and Nippon Paint (Malaysia) Sdn. Bhd.
In a preliminary issue, the High Court held that only one of the subsidiaries, Sika AG (hereinafter referred to as “the Plaintiff”) had the requisite locus standi as the registered proprietor of the trademark to bring a...
MALAYSIA: FACEMASK BRANDS, FACING OFF!
MALAYSIA: Facemask Brands, Facing Off!
When news about COVID-19 hit, we all rushed to the shelves to buy rapid antigen tests and facemasks. A company that established itself in the facemask business was Maystar Beauty Sdn. Bhd. (hereinafter referred to as “the Plaintiff”) has registered its trademark NEUTROVIS in Classes 3, 5 and 10 (hereinafter referred as “the Plaintiff’s Mark”).
In 2023,...
MALAYSIA: NOT USING A TRADEMARK? YOU SNOOZE, YOU LOSE!
MALAYSIA: Not using a trademark? You snooze, you lose!
Just registered a trademark? Congratulations!
However, don’t get complacent. The life span of a trademark is not finite, especially if you don’t actively use it. Just remember, an applicant can bring an application under Section 46(1) of the Trademarks Act 2019 (hereinafter referred to as “the Act”) to revoke the registration of a...
MALAYSIA: THINKING ABOUT USING SOMEONE’S IP? THINK AGAIN!
MALAYSIA: Thinking about using someone’s IP? Think again!
Copying and pasting in this technological age is as easy as pie. A few clicks of a button and boom…. someone else’s pictures, logo and videos are “yours”… Well not really. Exercise caution when copying and pasting. Using third party trademarks and copyrighted materials without consent of the owners can lead to expensive legal...
MALAYSIA: CAN A DISTRIBUTOR REGISTER A TRADEMARK UNDER THEIR NAME FOR GOODS BEARING THE TRADEMARK WHICH THEY DISTRIBUTE?
MALAYSIA: CAN A DISTRIBUTOR REGISTER A TRADEMARK UNDER THEIR NAME FOR GOODS BEARING THE TRADEMARK WHICH THEY DISTRIBUTE?
INTRODUCTION
You have finally received your Certificate of Registration (hereinafter referred to as “CoR”) for a trademark, phew! But wait, does this mean your rights to use your trademark exclusively and prevent the use of your trademark by others absolute and...
MALAYSIA: CAN CORPORATE NAME AND DOMAIN NAME BE SUBJECT OF A TRADEMARK INFRINGEMENT ACTION?
In the case of Skyworld Holdings Sdn Bhd & Ors v Skyworld Development Sdn Bhd & Anor, the Federal Court (hereinafter referred to as “the FC”) revisited the decision of the Court of Appeal (hereinafter referred to as “the COA”) and clarified on the elements which need to be established in a case of trademark infringement.
Skyworld Holdings Sdn Bhd & Ors are affiliated companies...
MALAYSIA: AMENDMENTS TO TRADEMARKS ACT 2019 AND TRADEMARK REGULATIONS 2019 EMPOWER GEOGRAPHICAL INDICATIONS ACT 2022
In the first quarter of 2022, Malaysia saw key legislations governing Intellectual Property (IP) being amended and new legislations being introduced. Among the newly introduced legislation is the Geographical Indications Act 2022 (“the GI Act 2022”) which came into force on 18 March 2022.
The GI Act 2022 replaced Geographical Indications Act 2000 (“the GI Act 2000”), which also brought about...
MALAYSIA – PROVING THE FIRST USER AND COMMON LAW PROPRIETOR
In the battle at the Court of Appeal between SRAM, LLC (hereinafter referred as “Appellant”) and Huan Schen Sdn Bhd (hereinafter referred as “Respondent”), the Appellant had filed an appeal to rebut the decision of the learned Judicial Commissioner (JC) dated 4 May 2016, to expunge the Appellant’s marks under Registration Numbers: 05016151, 07017014, 09012790 and 09003528 in class 12 from the...
MALAYSIA: INFRINGEMENT THROUGH UNAUTHORIZED PARALLEL IMPORTION
The High Court of Malaya had approved a trade description order filed by Pt. Garuda Food Putri Jaya TBK (hereinafter referred as “Applicant”) under the Trade Descriptions Act 2011 as there is a trade mark infringement occurred for the genuine products that were brought in through an unauthorized parallel importation. It was found that the registered trade mark proprietor has legal rights to...