Why register a trademark in Taiwan?

If you are currently in possession of a UK registered trademark or a Europe registered trademark, you should bear in mind that only a local trade mark registration will fully protect you in the Taiwanese marketplace. While the United States confers trademark rights upon the first party to use a trademark in commerce, Taiwan has established a “first-to-file” system that grants trademark rights to the party that first applies to register the trademark. If at some point in the future you would like to expand your business internationally, you should certainly consider filing for registration now. This will give you the best chance of securing your trademark’s goodwill against anyone seeking to pre-empt your registration with a view to exploiting a profit.

Although well-known unregistered trademarks may be protected in the Taiwanese courts, it is definitely advisable to obtain the security of a registered trademark. Trademark registration confers a number of commercial and legal benefits on the owner. Most obviously, the trade mark owner enjoys the exclusive right to use the registered mark in Taiwan. It becomes their property, with all of the benefits this entails, including the right to sell or license it to others for a profit.

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Why register a trademark in Singapore?

Trademark registration is not obligatory if you wish to use your business brand in Singapore; the local courts may protect unregistered marks. Traders making use of their brand can in principle rely on the common law action of “passing off” to protect their mark against imitation or infringement in the Singaporean market. This remedy, however, requires the owner of the mark to prove his reputation and goodwill. The requirement of proving reputation and goodwill may pose some problems where the business, or the use of the trade mark, has not been established for a substantial period of time.

Trademark registration confers a number of commercial and legal benefits on the owner, even where the goodwill in that mark has not been established in Singapore for very long. Most obviously, the trade mark owner enjoys the exclusive right to use the registered mark in Singapore. It becomes their property, with all of the benefits this entails, including the right to sell or license it to others for a profit. (more…)

Why register a trademark in Malaysia?

Your business brand is a very valuable asset. As consumers begin to recognise that your goods and services offer something that the competition cannot, they will gravitate towards them. If you register the brand as a trademark, you will be presumed to have the exclusive right to make use of it. This offers valuable certainty over the unregistered trademarks regime in Malaysia, where protection will only be granted to those able to go to court and prove the extent of their brand’s reputation. This is particularly difficult for small or medium sized businesses that are just starting out in the market.

In addition, it becomes possible to prevent others from using or attempting to register similar or identical trademarks. Trademark holders in Malaysia can either commence a civil action for damages against infringing traders, or lodge a complaint with the local authorities, for the individual to be prosecuted under the Trade Description Act 1972. Often, such a measure will not be necessary, as the mere fact of trade mark registration is likely to dissuade other traders from attempting to pass off their goods as being associated with your business. (more…)

Why register a trademark in Japan?

Trademark registration is not obligatory in Japan. Unregistered trade marks may be protected by the local courts if they are well-known.

It is definitely advisable, however. Trademark registration confers a number of commercial and legal benefits on the owner. Most obviously, the trade mark owner enjoys the exclusive right to use the registered mark in Japan. It becomes their property, with all of the benefits this entails, including the right to sell or license it to others for a profit. (more…)

Why register a trademark in Hong Kong?

It is important to consider the protection afforded to your brand in any market in which you are carrying on business. However your goods or services are distinguished from those of others in the marketplace, you should be aware of the possibility that other traders could seek to replicate your techniques in order to divert your consumers. Where your business name, logo, slogan or other device is a central part of your marketing strategy, trademark protection is advisable.

Trademark registration is not compulsory in order to gain protection against infringers in Hong Kong; the local courts may protect unregistered trademarks if they are deemed to have sufficient reputation. However, unless they are very well-known marks, unregistered trademarks generally enjoy less and weaker protection than registered trade marks in Hong Kong. (more…)

Why register a trademark in China?

During its period of rapid economic growth, China has been experiencing some of the largest trademark accumulation in the world. Clearly, its population of about 1.3 billion makes it an attractive market to many businesses. When moving into a new market, it is vital that brand protection is not overlooked. Although unregistered trade marks may be protected by the local courts if they are deemed to be sufficiently well-known, trademark registration is the most prudent way forward.

The trademark owner enjoys the exclusive right to use the registered mark in China, whereas the unregistered mark holder does not enjoy this level of protection. The registrant is also able to license or lease the use of their brand to third parties for a profit. While this is also possible with an unregistered mark, the certainty that a registration affords means that the value of the underlying asset can often be higher. (more…)

Why register a trademark in Brunei?

Trademark registration is not required before use in Brunei Darussalam. However, it is definitely advisable. Trademark registration confers a number of commercial and legal benefits on the owner. If a trade mark is registered, the owner gets the exclusive legal rights to use, sell or license the trade mark and to stop others from using the mark without his permission.

In the event of an infringement of a registered trade mark taking place, the owner can take action against the infringer more easily and effectively compared to if the mark is not registered. In many cases, the mere fact of trade mark registration is likely to dissuade other traders from attempting to pass off their goods as being in some way associated with your business. (more…)