“Even the best research is worthless without proper interpretation and application.”

You have finally decided on the catchy word, symbol or slogan that you will use to market your products, services or company? Before you proceed any further, it is critical to make sure no one is already using it in a way that leads to confusion. It is indeed advisable to have clearance searches carried out before putting hundreds of dollars into promoting a trademark or a website. The search will reveal whether someone else has already adopted your proposed trademark or a very similar one. This check will also help you assess the relative strength of your trademark by showing you how many other similar trademarks are already there in the marketplace.

In our search reports, we provide expert analysis as to whether any earlier trade mark application or registration revealed by a search presents obstacles to the use and registration of a trade mark in a particular territory.

Your business name, logo and the goodwill associated with them are valuable assets. The definition of a trade mark varies slightly from one jurisdiction to another but aim of a trademark is to identify and distinguish the source of the goods or services of one party from those of others. A trademark can be as wide and varied as a brand name, logo, shape, sound, smell, colour, letters, numbers or any aspect that gives a unique and distinct image to a product or service.

Benefits of registering trademarks:

• The trademark’s owner is entitled to a presumption of ownership and exclusive use of the mark for the goods or services of interest in a specific jurisdiction; 
• Registration will make it much easier to take legal actions to prevent third parties from using a similar or identical trademark; 
• Many companies carry out clearance searches of relevant trademark registers before adopting a new trademark. A registered trademark will appear in  the trademark search reports ordered by others and will likely discourage them from proceeding with the registration of an identical or similar trademark;
• Trademarks are your property and they can be sold or licensed to somebody else;
• The mark’s owner is granted the right to put the logo ® after the mark. 

In most jurisdictions, a design must be new to be validly registered. It will be regarded as new unless it has been made available to the public before the filing date (or priority date) of an application to register the design.The design owner should therefore be careful not to disclose the design to any third party before the application date.

A very wide range of designs can be protected under various national design regulations. Potentially protectable designs include two dimensional designs such as fabric patterns, or three dimensional designs like watches or mobile phones.  In fact, registered designs may be a useful supplement or alternative to trademark protection where trademark protection is difficult to obtain or cannot be secured without prior extensive use.  As for trademarks, designs can be assigned, mortgaged or licensed.

“We advise on design-related issues and assist clients to establish appropriate protection throughout Asia. Dialogue and discussion are the most important facets of a successful strategy. We develop a meaningful understanding of clients’ needs and then apply that information to our analysis process.”

“The best way to maintain a trademark is to use it.”

IP can be the most important asset of a company through the goodwill associated with it. When properly used and maintained, trademarks can last forever. However, one has to be aware that some maintenance is involved in keeping a trademark valid.

Trademarks can be the most important asset of a company as they are its main goodwill. When properly used and maintained, they can last forever. However, one has to be aware that some maintenance is involved in keeping a trademark valid. Generally, trademarks have to be renewed every ten years. It is also critical to keep the marks’ details (such as the applicant’s name and address) updated at all times and to record assignments or licenses of the marks on a timely manner.

Furthermore, if a registered trademark has not been used consecutively for a certain period of time (three or five years, depending on the jurisdiction), there is a risk for the trademark to be removed from the Register. Indeed, any interested party could apply to have an inactive registered trademark removed by showing proof of non-use.