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Trademarks in the Metaverse: Do You Need It?

hazira — Wed, 07 Aug 2024 00:53:18 +0000

Image source: Wunderman Thompson By Intellect Worldwide

What is a Metaverse?

The easiest way to understand what the Metaverse is: Imagine a video game like The Sims through virtual reality goggles.

The Sims + VR = an idea of what the Metaverse is.
Source: Game Developer and Wikipedia

You play as a character (called an avatar) that represents yourself and interact with other players in the game. Like any role-playing game, you can do various activities, like eat, live, shop, work, and chat. In the metaverse, you might find that you are able to go shopping in a virtual Chanel store and buy items that carry real monetary value in the real world.

People can meet using virtual reality headsets, augmented reality glasses, smartphone apps or other devices. It is not a new type of internet, but a new generation of the Internet and a new way of interacting with the internet.

In the metaverse, we will live our virtual life quite the same way we live our physical life. That’s why some of the real-world rules and law will apply, namely trademarks. Inside the metaverse there are several intellectual properties that can be protected, where trademarks are one of the most discussed.

What is an NFT?

Hold up. You can’t really talk about the Metaverse without also understanding what a Non-Fungible Token (NFT) is.

An NFT for the context of this article, can really be anything digital. Examples are digital artwork, music, and Artificial Intelligence. Buying an NFT is like fine art collecting, only with digital art.

NFTs are designed to give you something that cannot be copied, making the “non-fungible” aspect of the name. For example, a Bitcoin is fungible. You may trade one Bitcoin for another Bitcoin, it’s exactly the same. A one-of-a-kind artwork (for example, the Mona Lisa), however, is non-fungible. If you traded it for a different artwork (for example, The Starry Night), you’d have something completely different.

The infamous NFTs made by Frostie.
Source: Protocol

If you are an artist: You might be interested in NFTs because it gives you a way to sell your work that otherwise might not have a big market in the real world. Your cute sticker that doesn’t sell well in your local craft store might have better luck in the Metaverse. Also, NFTs will pay you a percentage every time the NFT is sold or changes hands, ensuring that if your work gets super popular and skyrockets in value, you’ll get the benefits. This is unlike a physical
artwork, where the painter of the Mona Lisa will never get any more money once the original piece is sold.

If you are a buyer: Buying art lets you financially support artists you like for a much trendier item. Purchasing an NFT also usually gets you some basic usage rights, like being able to post the image online or set it as your profile picture.

If you are more of a collector: You hope that your digital art gets used everywhere in the Metaverse, which will increase the value of the artwork you own. NFTs work like any other investment asset, where you buy it and hope that the value of it goes up one day, so you can sell it for a profit.

Early Exploits of Trademarks in the MetaverseLast

MetaverseLast November, two trademark applications were filed in the United States by third-parties to use the Gucci and Prada logos in downloadable virtual goods, virtual worlds and virtual clothing used in virtual spaces. For instance, creators are selling clothes that feature logos from luxury brands such as Louis Vuitton, Prada and Chanel in virtual universe games like Roblox.

In other words, it is an opportunistic exploitation of the trademark. In case it wasn’t clear, the Gucci and Prada filings are by individuals, not the brand. Both Gucci and Prada’s representatives confirmed that the trademark application is not associated with them. This shows how much of a risk there is to brands in the trademark class system and that the legal department has lots of catching up to do.

In another case, Hermès took legal action against an artist named Mason Rothschild. He created an NFT artwork inspired by the iconic Birkin bag which was sold for $23,500. This is because technically speaking, Hermès doesn’t have the same trademark rights in the metaverse as in the real world, thus Rothschild takes all the earnings. The French luxury brand stated that Rothschild infringed upon the intellectual property and trademark rights of Hermès and is no different than selling fake Hermès products in the metaverse.

Mason Rothschild sold his artwork for close to the price of a real Birkin.
Source: Vogue Business

All brands should be filing for its trademark
in the metaverse right now.

While big brands who have famous trademarks, such as Gucci and Louis Vuitton, are likely to succeed in persuading courts to recognise their marks and overrule these opportunists, smaller brands could see themselves devastatingly exploited in the digital space.

Brands That Have Filed Metaverse Trademarks

1. American Express – Metaverse banking services
The company has previously dipped its toes into the metaverse through NFTs via a collection for its cardholders with SZA, a musician. The credit card company’s application made in March 2022 shows an interest in offering banking services as well as cryptocurrency payment processing in the metaverse.

2. Johnson & Johnson and L’Oreal – Virtual cosmetics in the Metaverse
Johnson & Johnson filed two trademark applications for its brands Neutrogena and Aveeno to sell virtual beauty and skincare products as well as NFTs. L’Oreal also filed trademarks for brands including Kiehl’s, Urban Decay and Cerave. These trademarks cover virtual hair care preparation, body care cosmetics, and virtual perfume.

3. McDonald’s – Virtual food and beverage
McDonald’s filed at least 12 trademark applications on February 2022, which covers its golden arches as well as its in-house coffee brand, McCafe. McDelivery plans to operate virtual restaurants that gamers could enter to purchase food items, which would also be delivered in real life.

4. Victoria’s Secret – Virtual fashion shows
Victoria Secret fashion shows might be showcased in the virtual environment soon. The lingerie brand also filed a trademark application for retail store services to sell downloadable virtual goods in digital worlds.

5.Hugo Boss – Virtual clothing, footwear and watches
Hugo Boss filed a trademark application titled “BOSS” for its fashion items as well as household items like utensils, linens and fragrances. The German mid-level luxury brand may also be looking to host virtual fashion shows in the metaverse.

6.Skechers – Virtual footwear
Skechers filed eight trademarks in January to sell virtual goods, including footwear, clothing and other sports equipment. Along with the Skechers name and logos, “Twinkle Toes,” “Arch Fit,” “Go Walk” and “Bobs” were phrases claimed by the company.

7.Puma – Virtual sporting goods
Puma is another sports brand aiming to appeal to young consumers by filing trademarks to sell virtual clothing, footwear and sporting accessories. The company’s January filing includes, animated and non-animated designs and characters, avatars, digital overlays and skins, meaning gamers could customize their virtual personas in Puma gear.

8.Nike – NIKELAND in Roblox
Nike made efforts to expand into the metaverse through a partnership with Roblox to host NIKELAND, a 3D world where players can compete in a series of mini-games. Nike also filed seven trademark applications in November 2021, including the “Just Do it” slogan, the swoosh logos, as well as the “Air Jordan” and “Jumpman” logos.

9.New Balance – Digital sneakers
New Balance filed three trademark applications on January 13 in order to compete with other sneaker brands, including Nike and Puma.

10.Meta (Facebook)
CEO Mark Zuckerberg has a vision to expand the platform into the future of the internet. Their rebrand reintroduced the parent company of Facebook, Instagram, WhatsApp, and Oculus with a fresh name, then filed trademarks its new name in late October 2021. The rebranding was also perhaps the catalyst for most of our interests in the Metaverse, even though the concept is not new and has been in discussion for about 10 years.

Just like when social networks started back in the days, it may be difficult to adapt and fully understand it, but sooner or later most people and companies will end up dominating and using this new technology.

The race to own their piece of the metaverse and fashion’s virtual intellectual property is in full swing. While the laws have yet to catch up with the metaverse, you can still make an early start with trademark applications in Malaysia.

The post Trademarks in the Metaverse: Do You Need It? first appeared on iPon9.

Understanding Patent Rights in Malaysia and The Role of Intellectual Property

hazira — Wed, 07 Aug 2024 00:28:23 +0000

Source: PINTAS-IP

In the heart of Southeast Asia, Malaysia emerges as a beacon of innovation, where dynamic strides in science, technology, and creative enterprises contribute significantly to its economic growth. At the core of this innovation lies the need to safeguard intellectual property, and the protection of patent rights plays an instrumental role.

As Malaysia seeks to position itself as a knowledge-based economy, the role of intellectual property, including patents are crucial. Intellectual property rights provide creators and inventors with the assurance that their innovations are not only protected but also recognized as valuable assets. This, in turn, cultivates an environment where individuals and businesses are motivated to invest in research, knowing that the fruits of their labour are shielded from unauthorised use.

Overview of Patent Rights in Malaysia

The foundation of patent rights in Malaysia is laid out in the Patents Act 1983. This legislation sets the groundwork for the protection of inventions, providing inventors with exclusive rights for a specified period. The Act is aligned with international standards, ensuring that Malaysian inventors are on par with their global counterparts in terms of patent protection.

Criteria for Patentability

To qualify for patent protection in Malaysia, an invention must meet specific criteria outlined in the Patents Act. These criteria typically include novelty, inventive step, and industrial applicability. Novelty ensures that the invention is not publicly disclosed before the filing date, while inventive step gauges the non-obviousness of the innovation. Industrial applicability ensures that the invention can be industrially applied.

Once granted, patent rights in Malaysia provide the inventor with exclusive rights to exploit, license, or transfer the patented invention. These rights typically last for 20 years from the filing date, offering inventors a significant period of protection for their innovations.

To keep the patent in force, inventors must pay renewal fees at specified intervals. Regular maintenance is essential to ensure that the patent remains in effect throughout its designated term. Failure to pay renewal fees may result in the loss of patent rights.

Patent Application Process and Flowchart
Source: Exy IP

Patent Strategy for Businesses in Malaysia

A robust patent strategy is indispensable for businesses, serving as a legal shield to safeguard innovative products and technologies. Beyond protection, a well-defined strategy enhances market differentiation, attracting investors and granting a competitive edge. Patents contribute to a company’s negotiating power in collaborations and licensing agreements, making it an attractive prospect for investors. Strategic patent filing facilitates global expansion by navigating international patent systems.

A dynamic patent strategy adapts to technological shifts and legal changes, ensuring continued alignment with business objectives. Moreover, it plays a crucial role in
enforcement and litigation preparedness, allowing businesses to actively defend their intellectual property rights when necessary. A comprehensive patent strategy is integral to a company’s success in Malaysia, fostering innovation, market prominence, and resilience in a dynamic business environment.

The Role of Intellectual Property

Intellectual property rights, including patents, serve as powerful incentives for innovators. By providing exclusive rights to the creators of novel inventions, patents ensure that individuals and companies can reap the rewards of their investments in research and development. This exclusivity encourages inventors to push the boundaries of knowledge, fostering a culture of continuous innovation.

Summary of the 5 Roles of Intellectual Property in Driving Innovation.

1. Encouraging Research and Development (R&D)
Patent protection is a key factor in encouraging investments in research and development activities. Businesses are more likely to allocate resources to R&D when they have confidence that their discoveries can be protected, giving them a competitive advantage in the market. This, in turn, contributes to the growth of high-tech industries and the development of innovative products and services.

2. Attracting Investments and Talent
A strong IP framework, including robust patent protection, attracts both domestic and foreign investments. Investors are more inclined to support ventures that have secured intellectual property rights, as this safeguards their interests and enhances the overall value of the invested capital. Additionally, a thriving IP environment attracts skilled professionals, fostering a pool of talent that contributes to the nation’s innovation ecosystem.

3. Fostering Collaboration and Technology Transfer
Patents play a crucial role in facilitating collaboration between research institutions, universities, and industries. The exchange of knowledge through licensing and technology transfer agreements allows for the efficient utilisation of innovations, spurring further advancements. Collaborative efforts enhance the overall competitiveness of Malaysian industries on the global stage.

4. Protection of Traditional Knowledge and Cultural Heritage
Beyond technological innovation, intellectual property protection also extends to traditional knowledge and cultural heritage. Malaysia, with its rich cultural diversity, recognizes the importance of safeguarding traditional knowledge. Patent rights can be employed to protect unique processes, techniques, or products rooted in the country’s cultural heritage, ensuring that local communities benefit from their contributions to innovation.

5. Nurturing Startups and Small Enterprises
An effective intellectual property system supports the growth of startups and small enterprises. By providing avenues for protecting their inventions, even smaller players in the market can compete on a level playing field. This inclusivity fosters a diverse and dynamic entrepreneurial landscape, contributing to Malaysia’s goal of becoming a more innovation-centric economy.

Challenges and Strategies in Patent Enforcement

Enforcing patent rights in Malaysia, as in many jurisdictions, presents a unique set of challenges. While obtaining a patent is a significant accomplishment, ensuring that those rights are respected and upheld can be a complex and ongoing process. Here, we explore some of the key challenges faced by innovators in patent enforcement in Malaysia, along with strategies to address them.

a. Infringement and Counterfeiting
One of the primary challenges in patent enforcement is the unauthorised use, reproduction, or sale of patented inventions. Identifying instances of infringement and counterfeiting requires vigilant monitoring, as well as the ability to gather evidence to support legal action.

Implementing a robust monitoring and surveillance system can help detect potential infringing activities early on. Collaborating with enforcement agencies and utilising
technology tools, such as patent analytics and monitoring services, can strengthen the ability to identify and address instances of infringement promptly.

b. Legal Complexities and Litigation
Navigating the legal landscape, including the court system, can be intricate and time-consuming. Patent litigation often involves complex legal arguments, and the resolution process may take several years.

Engaging legal professionals with expertise in intellectual property law is crucial. Developing a comprehensive litigation strategy that aligns with business objectives and risk tolerance is essential. Alternative dispute resolution mechanisms, such as mediation or arbitration, can also be explored to expedite the resolution process.

c. Enforcement Costs
Enforcing patent rights can be financially burdensome, particularly for small and medium-sized enterprises (SMEs) and individual inventors. Legal fees, court costs, and other associated expenses can accumulate quickly.

Prioritising patent portfolios and focusing enforcement efforts on key assets can help manage costs. Exploring government incentives, grants, or subsidies aimed at supporting patent enforcement for SMEs can provide financial relief. Collaborating with other patent holders through joint enforcement initiatives may also distribute costs and enhance collective strength.

d. Cross-Border Challenges
In an interconnected global economy, infringing activities may span multiple jurisdictions. Coordinating enforcement efforts across borders can be challenging due to differences in legal systems and enforcement practices.

Establishing strong international partnerships and leveraging mechanisms like the Patent Cooperation Treaty (PCT) can facilitate cross-border enforcement. Collaborating with law enforcement agencies and legal experts in relevant jurisdictions strengthens the ability to address global patent infringement.

As of December 15 2022, there are 157 PCT Contracting States and Malaysia joined
the PCT as the 131st state on June 1 2020.
Source: MyIPO

e. Evolving Technologies and Rapid Changes
Technological advancements and rapid innovation cycles can make it challenging to enforce patents effectively, especially in dynamic industries where new technologies emerge frequently.

Staying proactive through continuous monitoring and updating of patents is essential. Developing a flexible and adaptive strategy that can evolve with technological changes ensures that patent enforcement efforts remain effective over time.

To summarise

Understanding patent rights in Malaysia is more than a legal necessity—it’s a strategic move for innovators and businesses. The relationship between intellectual property and Malaysian innovation is pivotal, serving as a kickstart for progress. As Malaysia strives to make its mark in the global landscape of technology and creativity, a commitment to intellectual property becomes foundational.

By safeguarding the rights of inventors, Malaysia not only fosters a culture of innovation but also positions itself as a key player in the fiercely competitive global arena. Exploring international patent filing strategies and collaborations can broaden the scope for Malaysian innovators, allowing them to secure protection globally and participate in cross-border innovation initiatives. Intellect Worldwide is an intellectual property company that can guide you through patent filing, offering expertise to protect your rights with precision and efficiency.

The post Understanding Patent Rights in Malaysia and The Role of Intellectual Property first appeared on iPon9.

Trademark Dilution: Understanding the Concept and its Implications

hazira — Wed, 07 Aug 2024 00:07:02 +0000

Source: iPleaders

In Malaysia, as in many countries around the world, trademarks are an essential aspect of branding and identity for businesses. A trademark can be a word, phrase, symbol, or design that identifies and distinguishes the goods or services of one party from those of others. Trademarks are valuable assets for businesses, as they help to build brand recognition and loyalty, and can be licensed or sold for profit. They represent a company’s reputation and goodwill and help to differentiate its products or services from those of competitors.

Trademarks are protected which grants exclusive rights to use a trademark to its owner. However, it is essential to understand that trademark protection goes beyond just preventing others from using an identical or confusingly similar mark. Trademarks are vulnerable to infringement and dilution, which can undermine their value and harm the business that owns them. Therefore, we should understand the concept of trademark dilution in Malaysia, and how it is addressed under Malaysian trademark law.

Trademark Dilution under Malaysian Law

In Malaysia, the concept of trademark dilution is recognized and addressed under the Trade Marks Act 1976, which provides for civil remedies against parties that engage in dilution of a registered trademark. Section 38(1) of the Act states that the owner of a registered trademark has the exclusive right to use the mark in connection with the goods or services for which it is registered, and to prevent others from using the mark in a way that is likely to cause confusion or deception in the marketplace. Section 38(2) of the Act goes further to state that the owner of a registered trademark may also prevent others from using the mark in a way that is likely to cause dilution of the distinctiveness or reputation of the mark, regardless of whether there is a likelihood of confusion or deception.

Under Malaysian law, the owner of a registered trademark may bring a civil action against a third party that engages in dilution of the mark, seeking damages, injunctions, and other remedies as appropriate. In order to establish a claim of trademark dilution, the trademark owner must show that the third party’s use of a similar mark is likely to dilute the distinctive character or reputation of the registered mark, even if there is no likelihood of confusion or deception in the marketplace. This can be a challenging standard to meet, as it requires a showing of actual or potential harm to the distinctiveness or reputation of the mark.

What is Trademark Dilution?

Trademark dilution refers to the unauthorised use of a trademark or a similar mark that weakens the uniqueness and distinctiveness of the original mark. It occurs when a third party uses a well-known mark to create a new association or connection with its goods or services, causing a blurring or tarnishing effect on the original trademark’s reputation. The dilution effect can cause a reduction in the trademark’s value, uniqueness, and reputation, thereby resulting in damages to the trademark owner.

Types of Trademark Dilution

Trademark dilution can be classified into two categories: blurring and tarnishment.

Blurring refers to the use of a similar mark in a way that weakens the original mark’s distinctiveness. It is a type of dilution that occurs when the original mark is used on products or services that are not related to the goods or services for which the original trademark is registered. This usage creates a new association or connection between the trademark and the unrelated products or services, causing confusion among consumers.

If another company started marketing KODAK brand pianos, there might be little or no customer confusion, because customers would probably recognize that Kodak is unlikely to branch into the piano business or to use its film brand name on pianos. Customers would probably recognize that the KODAK pianos come from a different source. However, the KODAK pianos might still harm Kodak, because it would lessen the strong association, which the company has spent billions of dollars creating, between the word KODAK and film. Some customers, upon seeing the mark KODAK, would no longer instantly think of film—some would think of pianos instead. This lessening of the association between “KODAK” and “film” is trademark blurring.

Tarnishment, on the other hand, occurs when a third party uses a mark that is similar or identical to a well-known trademark in a manner that harms the original mark’s reputation. This harm can be caused by associating the trademark with products or services that are of low quality or controversial in nature, thereby affecting the original trademark’s positive image. Distributors of a well-known counterculture poster were sued by Coca-ColaCompany when a poster wrote “Enjoy Cocaine” in the same font as Coca-Cola, making it look like a Coke advertisement.

The “Enjoy Cocaine” poster.
Source: Widerman Malek

Examples of Trademark Dilution

There have been several high-profile cases of trademark dilution in Malaysia in recent years. One notable example is the case of McDonald’s Corporation v. Future Enterprise Sdn Bhd, which involved a Singaporean restaurant chain that used a logo and branding that were similar to those of McDonald’s. The McDonald’s logo is well-known and instantly recognizable and the use of a similar logo by Future Enterprise was likely to dilute the distinctiveness and reputation of the McDonald’s mark. In this case, McDonald’s was able to successfully bring a civil action against Future Enterprise, and obtained an injunction preventing the restaurant chain from using its infringing logo and branding.

Another example of trademark dilution in Malaysia is the case of The Body Shop International Plc v. Sapura Resources Bhd, which involved a Malaysian company that used the term “Bodycare” in connection with a line of personal care products. The Body Shop, a well-known international brand, argued that the use of the term “Bodycare” was likely to dilute the distinctiveness of its own trademark, which included the word “Body” in connection with similar products. In this case, the court found in favor of The Body Shop, and issued an injunction preventing Sapura Resources from using the term “Bodycare” in connection with its products.

In 2018, Starbucks motioned for a default judgement against James Landgraf, an individual responsible for the design and sale of glass bongs, clothing, and other novelties that infringed certain logos owned by Starbucks. Starbung had used a similar green and white color scheme and font style as Starbucks, with a logo that featured a mermaid instead of Starbucks’ siren. Starbucks argued that the use of the trademark was likely to cause confusion and dilute the distinctive qualities of its trademark. The case was settled out of court, and Starbung agreed to change its name and branding.

Products in Mr Landgraf’s “Dabuccino” line with logos that infringe
intellectual property rights affiliated with Starbucks’ Siren Logo.
Source: Rivkin Radler LLP

The Implications of Trademark Dilution for Businesses

Trademark dilution has several implications for businesses in Malaysia. First and foremost, dilution can lead to a loss of trademark distinctiveness and value, which can affect a company’s reputation and goodwill. Dilution can also cause confusion among consumers, who may associate the trademark with unrelated goods or services or low-quality products, thereby damaging the company’s reputation.

Moreover, trademark dilution can also lead to legal and financial consequences. A trademark owner can sue a third party for dilution and seek damages or an injunction to prevent further dilution. However, proving dilution can be challenging, as it requires demonstrating the trademark’s fame, distinctiveness, and association with the owner’s products or services.

In conclusion

Trademark dilution is a complex legal concept that can have significant consequences for businesses that rely on their trademarks to build and maintain their brand recognition and loyalty. However, establishing a claim of trademark dilution can be a challenging process, requiring a showing of actual or potential harm to the distinctiveness or reputation of the mark.

Businesses that are concerned about the potential for trademark dilution should take steps to protect their trademarks, including registering their marks with the Malaysian Intellectual Property Office and monitoring the marketplace for potential infringers. Here at Intellect, we can help you take proactive measures to protect your trademarks and ensure that your marks retain their value and distinctiveness in the marketplace.

The post Trademark Dilution: Understanding the Concept and its Implications first appeared on iPon9.

Usain Bolt Trademarks His Signature Victory Pose

hazira — Mon, 05 Aug 2024 08:55:56 +0000

Bolt striking his signature pose on the tracks
Source: NPR

Here’s another idea for your next potential trademark.

Jamaica’s retired 100-metre sprint Olympic champion has filed applications for his famous celebration pose. In this article, let’s explore Usain Bolt’s filing, the overall topic of trademarking signature poses, the complexities involved, and other examples of trademarked poses.

Usain Bolt’s Trademark Filing

Bolt is known all over for his recognizable stance, where he leans back with his arms pointing across his body toward the sky, a pose he routinely strikes after raking in numerous gold medals and breaking world records. The logo is, as such, a silhouette of the fastest man in history with one arm extended upwards and the other pulled back to mimic the shape of a lightning bolt.

The filing shows that Usain Bolt will use his distinctive stance to market a list of products in the form of a logo. These items include sunglasses, jewellery, bags, and sporting goods, as well as restaurants and sports bars. It was filed with the US Patent and Trademark Office on August 17, 2022. As a matter of fact, Bolt had previously applied to register a similar trademark about 12 years ago, but this filing has since lapsed after going unused.

USAIN BOLT Trademark of Bolt, Usain St. Leo.
Source: Gerben Law

This list of products is actually relatively extensive in the Intellectual Property world. Even though it can be quite a long and costly process in the beginning, the logo could be licensed as a source of revenue, or he could choose to make those products himself. Of course, the obvious reason for him doing this is because of his fame, but this former athlete also has other side hobbies you may not know about.

The 36-year-old has been dabbling in a few business interests after he declared the end of his sporting life. Apart from his numerous business partnerships with companies such as Puma, he’s a real estate investor and co-founder of the electric scooter company Bolt Mobility.

Considering that this sprinting legend has made such an impact in the sporting world, it is very wise of him to be protecting his rights as comprehensively as possible.

Trademarking Signature Poses or Looks

We all know someone who displays very specific body languages in our lives, so much that it can become a recognizable trait about them. Many celebrities also have body features, parts, or poses, that become identifiable elements of their personality.

When fame passes a point, distinctive aspects of an individual’s body become widely identifiable in the eyes of the public. Some examples of very identifiable features include Shakira’s hips that don’t lie, Jessica Roberts’s million-dollar smile, and Miley Cyrus’s quirky tongue-sticking-out pose.

However, are these acknowledged in trademark law?

To start, a body part is seen as being an in-built aspect of the human anatomy. In that sense, due to its generic character, it would be automatically barred from trademark protection. Nevertheless, we’ve seen that this prohibition is not absolute as the signature styles or bodily looks of celebrities can be protected under IP laws.

As a rule, a celebrity’s signature looks are primarily protected under a right of publicity rather than through trademarks. However, if the celebrities merchandise their signature looks by imprinting them onto products, then a case for establishing trademark rights can be clearly made out.

For instance, Air Jordan sneakers have the ‘Jumpman Logo’, which is a trademarked etching of basketball player Michael Jordan jumping for a slam dunk. Drawing from that, Shah Rukh Khan’s body posed in his signature ‘DDLJ move’, of open and stretched out arms, can also be considered trademarkable if its sketch is imprinted on a t-shirt.

Shah Rukh Khan’s signature pose is not trademarked, but it’s an great example
that’s very recognizeable and tightly associated with a specific person.
Source: Latestly

Complexities Involved

Some hindrances in getting the trademark registered for signature looks and poses are also worth discussing. Just like any trademarks, there are some criteria which a mark must satisfy to be classified as a non-conventional trademark, where the main and most important part is that it must be very clearly distinguishable. With this, practical problems may arise, differing on a case-to-case basis.

The preciseness, clearness, accessibility, durability, objectivity, and intelligibility will be taken into consideration. The mark should be inherently distinctive. If a signature pose or look is to be trademarked, then the description should be so precise that there is no chance for any sort of confusion with the look or pose created by another.

In 2017, the lead singer of the band Kiss, Gene Simmons, tried to trademark the ‘Devil’s horns’ hand gesture. This resulted in great criticism and the major reason for this outrage was that this has been in existence for ages among rockstars. The origin is not attributed to Simmons and is not exclusively connected with him. Consequently, the gesture is generic in nature and not distinctive. The trademark application was not accepted.

Huge backlash was received by Gene Simmons of Kiss when he tried to trademark this hand gesture.
Source: The Washington Post

Other Famous Examples of Trademarked Poses

1. Freddie Mercury from Queen
Only a few years after his death, his production company “Mercury Songs Limited” secured his name as a word mark and as a word-picture mark with his signature and his typical stage pose. The current status of the Freddie Mercury filing is Registered.

Freddie Mercury of Queen striking his trademark registered signature pose.
Source: Trademark Elite

2. Mo Farah
Long distance runner Mo Farah filed his trademark “Mobot” gesture. The current status of the Logo filing is Registered.

Olympic legend Mo Farah’s “Victory Dance” is trademarked.
Source: TramaTM

3. Air Jordan by Michael Jordan
The AIR JORDAN trademark is based on NIKE Innovate C.V. The current status of the AIR JORDAN filing is Registered.

Michael Jordans logo has a legacy in the world of footwear.
Source: LogoMyWay

4. Gareth Bale
The GARETH BALE mark is his signature heart goal celebration and shirt number. The current status of the GARETH BALE filing is Registered.

Welsh football player trademarked his goal celebration hand sign,
which now earns him around £3million a year.
Source: The Mirror

5. Jesse Lingard’s JINGZ
Based on JLINGZ LTD, the JLINGZ trademark is used in Headwear and Footwear. The current status of the JLINGZ filing is Registered.

English football player, Jesse Lingard, with his trademarked celebratory hand sign.
Source: Novagraaf

Concluding Remarks

Bodily-assets can be protected by trademarks.

If the shapes or styles of human bodies become distinct and identifiable features of some celebrities and can be easily associated with those celebrities by their fans or followers, then expanding their intellectual property rights is a smart choice.

Apart from preventing misuse, this carries the potential of opening new revenue-streams and other economic avenues, especially if they’re merchandised through certain goods or services.

—

Unfortunately, not all of us can be global sensations and have superstar traits to be trademarked. Nonetheless, it shows that even the most important people in the world want to be protected by trademark, proving the importance of Intellectual Property in securing your rights. Consider investigating the possibilities of trademark protection with Intelllect.

The post Usain Bolt Trademarks His Signature Victory Pose first appeared on iPon9.

Trademark Best Practices and Strategies in Malaysia: Safeguarding Your Brand Identity

hazira — Mon, 05 Aug 2024 08:15:33 +0000

In today’s competitive business landscape, protecting your brand identity is crucial for long-term success. Trademarks play a vital role in distinguishing your products or services from competitors and building consumer trust. In Malaysia, a well-defined trademark strategy can help you navigate the legal framework effectively while safeguarding your brand. Trademark protection grants businesses exclusive rights over their distinctive marks, such as logos, names, slogans, or even unique product packaging.

By securing a trademark, businesses gain legal recourse against unauthorised use, counterfeit products, and brand dilution. However, to ensure comprehensive protection, businesses must navigate various stages of trademark management, including conducting thorough searches, filing registrations, monitoring for infringements, enforcing rights, and even seeking international protection. In this article, we will explore these various aspects of trademark management.

Practical Tips for Trademark Management

Conduct Comprehensive Trademark Searches
When considering a trademark in Malaysia, conducting a thorough trademark search is essential to identify existing trademarks that might conflict with your proposed mark. Utilise professional services or online databases to perform comprehensive searches. For example, a Malaysian fashion brand planning to launch a new line of clothing should search for similar trademarks already registered within the fashion industry. This helps avoid conflicts, potential infringement issues, and strengthens your brand’s distinctiveness.

Register Your Trademark
Registering your trademark with the Intellectual Property Corporation of Malaysia (MyIPO) is crucial to secure legal protection and exclusive rights. Ensure your trademark application complies with the registration requirements. Prompt registration establishes a strong brand presence and serves as a deterrent to others attempting to use similar marks. For instance, a Malaysian technology startup should promptly register its company name and logo as trademarks to establish brand recognition and protect its identity.

MyIPO is responsible for the development and management of the intellectual property system in Malaysia.
Source: MyIPO

Monitor Your Trademarks
Vigilant monitoring of your trademarks is essential to detect potential infringements or unauthorised use. Regularly monitor the market, online platforms, social media, and industry-specific publications. Utilise professional monitoring services or digital tools that can track trademark infringement across various channels. For example, a well-established Malaysian food and beverage company should monitor social media platforms and review new product launches to identify any potential infringements or passing off of their popular brands. Prompt action in case of infringement helps protect your brand’s integrity.

Strategic Approaches for Trademark Management

Enforce Your Trademark Rights
When unauthorised use or infringement occurs, taking prompt action is crucial to protect your trademark rights. Consult with an intellectual property lawyer specialising in trademarks to assess the situation and determine the appropriate course of action. This may include sending cease and desist letters, initiating legal proceedings, or engaging in alternative dispute resolution methods. For example, a Malaysian software company should not hesitate to take legal action against a competitor using a confusingly similar trademark that may mislead consumers. Strategic enforcement actions safeguard your brand’s reputation and market share.

Develop a Trademark Usage Policy
Establishing a clear and comprehensive trademark usage policy within your organisation ensures consistent and proper usage of trademarks. The policy should outline guidelines for using trademarks on products, packaging, marketing materials, websites, and other relevant platforms. Educate employees and stakeholders about the policy to maintain brand consistency and avoid potential trademark dilution or misuse. For instance, a Malaysian retail chain should create a trademark usage policy that provides guidelines on the proper placement and presentation of their registered trademarks on their merchandise and promotional materials. Consistent usage enhances brand recognition and builds consumer trust.

Protect Trademarks Internationally
If your business expands beyond Malaysia, consider seeking international trademark protection through mechanisms like the Madrid System or regional agreements such as the ASEAN Economic Community (AEC). These provide streamlined approaches to registering and protecting trademarks in multiple jurisdictions, including Malaysia. By securing international protection, you can safeguard your brand’s identity and reputation as you venture into new markets. For example, a Malaysian cosmetics company planning to export its products to neighbouring countries should explore the possibility of international trademark protection to prevent unauthorised use or counterfeiting. International protection enhances your brand’s global presence and minimises the risk of infringement.

The Madrid System offers a convenient and cost effective solution for protecting your brand worldwide.
Source: WIPO

Real-Life Examples in Trademark Management

a) Preventing Trademark Dilution

A company successfully prevented the dilution of their trademark through strategic enforcement actions. They promptly identified unauthorised use of their mark and took legal action to protect their brand’s integrity. By consistently monitoring their trademarks and enforcing their rights, they maintained their brand’s distinctiveness and prevented consumer confusion. This example emphasises the importance of proactive measures in maintaining brand strength.

b) International Expansion and Trademark Protection

A Malaysian brand expanded into international markets and secured trademark protection in each jurisdiction before launching their products. By seeking international trademark registration, they ensured the exclusivity of their brand identity, preventing competitors from capitalising on their reputation. This example highlights the benefits of international protection for preserving brand identity and market expansion.

c) Timely Renewals and Record-Keeping

A company failed to renew their trademarks within the required timeframe, resulting in the cancellation of their registrations. This oversight led to a loss of rights and allowed competitors to exploit their brand. This example underscores the importance of maintaining proper records and adhering to renewal deadlines to protect your brand’s identity and legal rights.

Real-Life Examples in Trademark Management

One of the pitfalls businesses may encounter in trademark management is the failure to diligently monitor their trademarks for potential infringements. In a rapidly evolving marketplace, new competitors and products emerge constantly, increasing the risk of unauthorised use or infringement. Without proactive monitoring, businesses may miss instances of trademark infringement, allowing competitors to encroach on their brand identity and potentially cause confusion among consumers. This can have detrimental effects on brand recognition, reputation, and market share.

Another common mistake is the failure to take prompt and decisive action against instances of trademark infringement. Delaying or neglecting to enforce trademark rights can result in weakened legal standing and loss of exclusivity. Competitors may exploit this opportunity to gain market presence, dilute the brand’s distinctiveness, or even tarnish its reputation. Businesses must recognize the importance of swift action, whether through sending cease and desist letters, pursuing legal proceedings, or engaging in alternative dispute resolution methods. By proactively defending their trademarks, businesses can assert their rights, maintain brand integrity, and deter potential infringers.

Once a trademark infringement is proven, a court order can prevent a defendant from using
the mark, and the owner may be awarded monetary relief.
Source: Facebook

Trademark renewals and proper record-keeping are crucial aspects of trademark management that should not be overlooked. Failure to renew trademarks within the
prescribed time frame can lead to the cancellation of registrations and the loss of valuable rights. This oversight not only exposes the brand to potential infringement but also requires significant efforts and resources to regain protection. Additionally, inadequate record-keeping practices can lead to challenges in proving trademark ownership or usage, hindering effective enforcement and defence against infringers. Businesses must establish robust systems to track renewal deadlines, maintain accurate records, and proactively manage their trademark portfolios.

When a business fails to safeguard its brand identity effectively, the consequences extend beyond legal implications. Brand reputation and consumer trust are at stake. In cases of trademark infringement or misuse, consumers may become confused, associating poor-quality or counterfeit products with the genuine brand. This erosion of trust can lead to significant damage to the brand’s reputation, customer loyalty, and overall business performance. Recovering from such setbacks can be challenging and often requires substantial investments in brand rebuilding and reputation management.

To Summarise

Trademark management is a critical aspect of brand protection and identity preservation in Malaysia’s competitive business landscape. As an intellectual property company committed to helping businesses safeguard their brands, we emphasise the importance of adopting comprehensive trademark best practices and strategic approaches. By integrating practical tips, strategic approaches, and real-life examples, businesses can effectively protect and preserve their brand’s identity in Malaysia’s vibrant marketplace.

Through proactive trademark management, businesses can confidently navigate challenges, seize growth opportunities, and ensure long-term success in an ever-evolving business environment. Trust in our intellectual property company, Intellect, to be your partner in safeguarding and enhancing the value of your brand assets in Malaysia and worldwide.

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Patents That Changed Humanity Forever

hazira — Mon, 05 Aug 2024 07:49:43 +0000

In order to be irreplaceable, one must always be different. Plus, it pays to be unique. That’s why these inventors decided to patent their creations – to profit off their own ideas and pay for research and development costs.

Did you know that the first patent was awarded in year 1421? It belonged to an Italian architect and designer Filippo Brunelleschi for a boat that transported marble. Since the implementation of patents, it has helped businesses grow significantly and has encouraged inventors to create plenty of new products.

From then on, some of the patents awarded have more than improved human lives – it changed the course of humanity. Here are some famous patented inventions that has become worldwide phenomena.

Lightbulb
The electric lightbulb is perhaps one of the most famous inventions known to mankind. As you must already know, it was awarded to Thomas Alva Edison in 1878. Coincidentally, English inventor Joseph Swan received a patent for a similar product in England at the same time. Later, the two collaborated to form Edison & Swan United Electric Light Company. Edison owned 1,093 patents, including the phonograph and the dictaphone.

Internal Combustion Engine
Can you even imagine how we would we function without cars, buses, and trains? These vehicles operate with an internal combustion engine. It was patented in 1823 by Samuel Brown for pumping water.

Later, the first commercially successful internal combustion engine was by Étienne Lenoir and the first modern internal combustion engine was created by Nicolaus Otto. In 1872, American George Brayton invented the first commercial liquid-fueled internal combustion engine.

Telephone
The name Alexander Graham Bell will make everyone recall their primary school science classes. The first telephone was invented and patented by him in 1876. Bell went on to cofound the American Telephone & Telegraph Company (AT&T). The company is still an industry behemoth today and the world’s most significant in the industry.

Computer
This machine is a non-negotiably essential item for any business, home, or school. The first modern computer was patented by the Electronic Numerical Integrator and Computer (ENIAC) in 1973. However, the patent was invalidated over the claim that the Atanasoff–Berry Computer (ABC) came first, but this computer was not programmable. The first commercially successful computers was the Apple II, invented by Steve Wozniak and patented by Apple Computers Inc in 1977.

iPhone
Although the iPhone was not the first smartphone or the first phone to connect to the internet, its design has successfully inspired and shaped the look and function of mobile device that many people use everyday.

What makes the iPhone of any similar electronic device such an essential utility in the modern world is that it is more like a handheld computer and camera than a telephone. Its functions are limitless. Subsequent improvements on these devices have come to influence how humans communicate, navigate, and even think today.

Early patent skirmishes of Apple, Inc.
Source: Apple Insider

Bluetooth
Even though Wi-Fi is probably the most popular medium of connectivity today, people still use Bluetooth for file transfers and device connections. Your keyboards, mice, game controllers, printers, and audio devices are probably still dependent on Bluetooth. Invented in 1994 by Jaap Haartsen, Bluetooth technology allows nearby electronic devices to connect using low-power, ultra-high-frequency waves.

(3G) Third Generation Wireless Mobile Telecommunications
The first wireless communications technology made analog cellular phones (mobile radio phones) possible. The second generation made digital cell phones.

The third generation connected cell phones to GPS and the internet, transforming the device we carry with us every day. This 2003 patent, made video calling and streaming possible on a handheld device. 4G infrastructure created a decade later have continued to transform cell phones, turning it into a wallet, personal assistant, and entertainment device.

Global Positioning System (GPS)
Roger L. Easton, who was in US The Navy, invented GPS satellites in the 1950s for the Naval Research Laboratory (NRL) to track satellites and objects in orbit. In the following decades, Easton modified his invention to track objects on the ground from space. The technology remained within the military for years.

The GPS we use today became fully operational with 24 satellites in 1995. Now, Google Maps is virtually never out of reach. Some of us depend on it so much, we use it daily even on routes we take all the time.

Google PageRank
Here’s something that you may not notice how extremely important it is. Can you imagine looking for something on the internet, without any algorithm to help narrow down your search results? Larry Page developed Google PageRank in 1998, which calculates the importance of a webpage by counting the number and quality of links attached to it. Without this invention, we’d be constantly lost in the sea of information and cannot extract what we need anywhere near our current efficiency.

Bionic Eye
Sometimes, technologies that change one person’s quality of life forever carry even more significant meaning than technologies that just make life more convenient for many people. The first attempt to restore sight to blind people was in 1968. By stimulating the neurons of the brain, the doctors caused the patient to see spots of light in half his field of vision.

Today, much smaller sight-restoring electronics can be implanted directly into the retina. Completely blind patients have been able to restore partial sight, like the ability to see shapes and light. As electrodes continue to shrink, the technology is only set to get better, and is expected to benefit not only blind patients but the rest of us who have minor but lifelong vision problems.

CRISPR Gene Editing
CRISPR-Cas9 is a gene editing tool developed at the University of California to modify single-celled organisms. It works by using the Cas9 enzyme to “cut” out segments of DNA, which may be replaced with another DNA section.

The technology was then improved to work on multi-celled organisms, and patented in 2014. Today, CRISPR is used to modify the genes of crops and livestock to improve yield. It is also used to treat human patients with sickesses such as leukemia. CRISPR can be injected into embryos or introduced to cells such as immune system cells.

As it is a relatively new technology, the possibilities for genetic engineering are just starting to take form. Lots of ethical concerns have yet to be discussed, but rest assured new drugs and treatments for a variety of diseases on the horizon.

3D Printer
The 3D printer was actually patented a long time ago in 1986, way ahead of its time. The machine is a moving platform that takes inputs from a computer and positions the base under a nozzle. Liquid resin from the nozzle forms the object, layer by layer, which is then solidified by UV light.

We have still yet to see the true value of 3D printing as it is a technology that’s still at its infancy in the consumer market. With metal-printing methods such as laser metal sintering, manufacturers are now 3D-printing ambitious mega constructions such as bridges and rocket engines.

Early patent applications of 3D printers.
Source: 3D Sourced

Virtual Reality
As we go through the article, we are introduced world-changing technologies that are more and more forward-looking.

The first proposed VR headset was patented in 2000 not to play video games, but to help users analyze financial data. Inventor Paul Marshall continued to work on these technologies to create a “three-dimensional information landscape,” which remained primarily in the research phase until Oculus Rift released their entertainment headset in 2016.

Now, other virtual reality systems, such as Samsung VR and Google Cardboard, use a smartphone to display the computer world. Augmented reality (AR) stemming from this technology could be used in the future to help everyone from construction workers to scientists by overlaying data onto the real world through a lens we might all wear someday.

Graphene
We may be entering the Graphene Age. This composite material which is made of a single layer of carbon molecules arranged in a honeycomb structure, is incredibly lightweight and about 200 times stronger than similar layers of steel. It also has high heat resistance and efficient electrical conductivity, making graphene ideal for computer chips, airplane wings, and a plethora of other uses.

Graphene is similar to what you find in a pencil, but isolating a single layer of carbon molecules is incredibly challenging. in 2004 Andre Geim and Konstantin Novoselov was successful and it earned them the 2010 Nobel Prize in Physics.

___

Patents have a positive effect on society because they promote innovation. They also your protect intellectual property. The inventor secure the right to exclude others from using, making, and selling their product or method, while maintaining the right to sell the item exclusively and for a higher price.

Speak to Intellect if you have an invention that you’re considering to get patented. Protection is
key to the success of your product.

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Offensive Trademarks that are Non-Registrable

hazira — Mon, 05 Aug 2024 07:24:15 +0000

Traditionally, the main purpose of trademarks was to simply indicate where products and services came from. However, some companies increasingly use trademarks for different reasons, such as putting harsh terms in the mark to capitalise on their “shock value” and draw clients. In response, legislators everywhere have passed rules prohibiting the registration of insulting trademarks, depriving the trademark owner of the advantages of registration.

Trademarks are essential to a business since they serve as a means of identity to represent a firm or to identify the source of its goods and services. Strong trademarks are typically coined in a distinctive way and include unique qualities or features that aid consumers in recognising and differentiating the goods or services of one company from another.

Under the present trademark laws, some trademarks, including those that are derogatory, are non-registrable. A recent controversy surrounding the Malaysian-made whiskey “Timah” prompted the Malaysian government’s decision that locally produced goods must no longer use names or brands that can trigger “public anxiety, including in the context of race and religion”.

With this in mind, the question that arises is:

Does Malaysia already have laws to prevent such brand names, or will the government have to introduce new laws to enforce this seemingly new policy?

And what can companies do to avoid being caught in the same situation as the “Timah” whisky manufacturer?

About ‘Timah’ itself

For a quick recap, local Timah whiskey producers were contacted by government officials who claimed that the use of the brand name “Timah” on alcoholic beverages was insulting. The business had responded to a request to modify the name of its brand by stating that the word “Timah” directly referred to tin ore and signified “tin” in Malay. The man portrayed on the label was Captain Speedy, a well-known historical figure of the colonial past who had brought whiskey culture to the nation. The reference was especially to the mining era. The brand name was chosen solely owing to the history connected to tin mining, the corporation added, and it was not meant to stir up any controversy.

Award-winning Malaysian whisky attracted controversy over its name “Timah” which is the Malay word for “tin”
Source: MalayMail

Businesses are generally allowed to use any trademarks they choose for their goods or services, as long as they are not confusingly or deceptively similar to an earlier trademark, the brand name of another firm, or both. However, the law permits the Intellectual Property Corporation of Malaysia (MyIPO), a government body established to administer and enforce intellectual property laws under the jurisdiction of the Ministry of Domestic Trade and Consumer Affairs, to prevent trademarks from being registered. This could be done on the grounds that they are incompatible with public morality or interest, contain or consist of any scandalous or offensive material, or could harm the interest or security of third parties.

On October 28, Domestic Trade and Consumer Affairs Minister Datuk Seri Alexander Nanta Linggi confirmed that local company Winepak Corporation (M) Sdn Bhd has agreed to consider changing both the name and image of its “Timah” whisky product, following a meeting with ministers and government representatives. He said that the company has requested a period of one week to discuss changing the whisky’s name and label image with their shareholders and board of directors.

What are considered as offensive trademarks?

The use of the brand name would have to offend the commonly recognised mores of the time, such that it would provoke outrage or significantly undercut existing religious, social, and family norms, in order to be considered contrary to public interest or morals, scandalous, or offensive. As a result, morality should be assessed in light of the society’s present norms and values in the particular jurisdiction where the trademark is sought registration.

For instance, the Independent Complaints Panel (ICP) of the United Kingdom (UK) gave the proprietors of Fok Hing Gin the order to modify their brand name after finding that the name has “the clear intention to shock and offend people who find cursing unattractive and unacceptable.” In their defence, the Hong Kong distiller who created the gin asserted that the name of the product was changed from “Fuk” to “Fok” to distinguish it from the objectionable word and that it was named after Fuk Hing Lane in Causeway Bay, Hong Kong.

They further claimed that the brand name is a romanization of the Chinese terms for “wealth and prosperity” in English. Whilst the members of the public in Hong Kong or any Chinese speaking territories may have no issue with the brand name of the spirit, it attracted criticism and complaint in the UK due to the distinct meanings carried by the words in different languages and in different parts of the world.

‘Fok Hing Gin’ name ruled as offensive in UK
Source: Mashable SE Asia

Can a trademark registration be cancelled?

The owner of a trademark may decide to voluntarily cancel it after registration, or MyIPO may choose to withdraw the registration. If an “aggrieved person” petitions the court to have the registered trademark declared invalid, the court may decide to do so. The Trademarks Act’s Sections 44 to 47 would make reference to these. The Trademarks Act 2019 contains a provision that enables an “aggrieved person” to cancel a trademark on the basis of absolute grounds even if the brand in question has already been registered.

In this situation, the question is whether the government can be considered an “aggrieved individual” under the law. As the protector of the public interest, the government may meet the requirements. After that, the courts would decide whether the trademark falls within absolute grounds. This would imply that the business has the right to use a brand name that has been registered as a trademark and that the government would have to file a lawsuit before it could order a business to stop using a brand name that has been registered as a trademark.

The legislation has established certain registration processes and platforms. Everyone has equal rights under the law. In order to cancel a trademark registration after it has been filed, one must return to the legislation and follow the procedure specified therein. If not, it might result in absurdity where any one party could revoke the ownership rights that the law had granted without a fair hearing. If this is allowed, there may be a lot of doubt. Taking into account the facts and evidence in front of the court, the judge will decide whether there is any foundation for allowing the invalidation claim.

Ultimately, the court, being a court of law, will have to decide a matter based on facts, law and evidence. There must be certainty in law to ensure predictability for all businessmen. This signifies the importance of branding as intellectual property rights have been recognised in modern society in both the eyes of the law and in common parlance. The registered trademark is recognised as a proprietary right which is the specific right of an individual to control, use and exploit. In order to deprive someone of the proprietary rights, it must be based on a strong basis supported by evidence.

US band The Slants sues so it can trademark ‘offensive’ name Redskins.
Source: BBC News

How can companies avoid their brand names being seen as derogatory?

Written submissions and/or hearing can be submitted to the registrar to overcome refutes raised by MyIPO. If the registrar is pleased with the responses and is convinced that the trademark satisfies the requirements for registration under the Trademarks Act 2019, the trademark will move forward with its registration.

Companies should pay close attention to the meaning or potential implications of the proposed brand in the language(s) spoken in that nation before utilising or registering a trademark for its goods and services to guarantee that a proposed brand name is not offensive in the eyes of the public. It is advised that such organisations carry out due diligence or market research before moving forward to better grasp public attitude.

When a business attaches a brand or trademark to its goods and services, there are many factors to take into account. One of these is the requirement to carry out an appropriate search, whether of MyIPO’s records or the marketplace, to make sure that no other business is using the proposed brand or trademark.

In summary

The biggest factor to be considered is whether the particular trademark violates the existing law. If it does, then the answer is clear. The trader must take immediate steps to rebrand to ensure that the trader does not use any brand that is contrary to the Trademarks Act 2019.

On condition that the trademark does not violate the existing law, the trader may be left to decide on their own what is best for them. It is ultimately a free market and a business knows what is best in the marketplace. As business owners, we should always ensure that our trademark is registrable to avoid any future issues. Here at Intellect, we help you with getting your first trademark – the correct way.

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Nike Files Trademark Infringement Lawsuit Against Bape

hazira — Mon, 05 Aug 2024 06:50:43 +0000

In a significant development within the fashion industry, renowned sportswear giant Nike has recently taken legal action against Japanese streetwear brand A Bathing Ape (Bape) for alleged trademark infringement. The lawsuit, filed in a New York court, accuses Bape of imitating Nike’s iconic designs in their footwear business. This move represents the culmination of nearly two decades of mounting tensions between the two brands and follows a similar trademark infringement claim by Adidas against Thom Browne. Such legal battle raises crucial questions about intellectual property in the fashion sector and the ramifications of design imitation on the sportswear economy.

This legal dispute between Nike and Bape showcases the complex challenges associated with trademark infringement in the fashion industry. It raises significant questions regarding the boundaries of design imitation, the protection of intellectual property rights, and the consequences for both brands and consumers. By accusing Bape of trademark infringement, Nike aims to safeguard its brand identity, preserve its market reputation, and maintain consumer trust in the authenticity and origin of its products.

Background and Historical Context

Nike’s lawsuit against Bape sheds light on a longstanding dispute between the two companies. Court documents reveal evidence of Bape’s purported replication of Nike’s popular shoe designs, such as Bapesta, Sk8 Sta, and Court Sta, which strikingly resemble Nike’s Air Force 1s, Dunks, and Air Jordan 1s, respectively. Nike asserts that Bape’s footwear business in the United States has revolved around mimicking its iconic designs for years, albeit on a relatively small scale initially. In 2009, Nike had previously engaged with Bape to address these similarities, resulting in a redesign of Bapesta. However, Nike alleges that Bape reverted back to its original “copycat” design in 2021.

Nike’s lawsuit illustrates the similarities between its sneakers and Bape’s
Source: Marketing Interactive

The history between the two brands can be traced back to Bape’s emergence in the US market in 2005, where it swiftly gained popularity among celebrities and streetwear enthusiasts. Bape’s founder, Nigo, played a pivotal role in the streetwear industry and significantly influenced designers like Pharrell and Virgil Abloh. Over time, Bape’s designs blurred the line between megabrands like Nike and cult-favorite companies, leading to cross-permeation and collaborations.

Nike's Delayed Response and Potential Agreement Speculations

Despite Bape’s past success and influence, it managed to elude legal repercussions from Nike until now. Speculation regarding a potential undisclosed agreement between Bape and Nike circulated among sneaker enthusiasts, but the lawsuit has shed light on Nike’s delayed response. Nike’s legal team argues that the recent expansion of Bape’s footwear business, involving the sale of a greater number of copied Nike designs, compelled them to take legal action. Nike alleges that Bape’s imitative products have caused marketplace confusion and hold the potential to mislead consumers into associating them with Nike.

The prolonged delay in Nike’s response suggests that negotiations and discussions may have taken place behind the scenes in an attempt to resolve the issue amicably. However, the reintroduction of designs resembling Nike’s originals in 2021 prompted Nike to escalate the matter legally, indicating that any previous agreements or understandings may have fallen through or were not sufficient in addressing the ongoing trademark infringement concerns.

Bape's Unique Appeal and Market Presence

Despite drawing inspiration from Nike’s iconic Air Force 1s, Bape managed to cultivate a distinct identity that garnered a dedicated fan base. The Bape Stas, in particular, became highly sought-after, with the Bape store in New York City witnessing a flurry of celebrity appearances and weekly sales of 80 to 100 pairs during its peak. Bape’s success can be attributed to its ability to navigate the fine line between homage and replication. While the brand’s designs drew inspiration from Nike and other megabrands, they incorporated distinct elements and creative twists that captured the attention of fashion-forward consumers.

Bape managed to infuse its own unique aesthetics into its products, creating a visual language that resonated with its target audience. One key factor contributing to Bape’s appeal was its limited-edition releases and collaborations. Bape strategically partnered with renowned designers and artists, such as Kanye West, Pharrell Williams, and Kid Cudi, to create exclusive capsule collections. These collaborations not only showcased Bape’s ability to collaborate with high-profile names but also introduced fresh and innovative designs to its fan base. Limited supply and high demand fueled the hype surrounding these releases, driving consumers to line up outside Bape stores and causing items to sell out within minutes.

Crowds are seen queuing outside the Bape Store in New York during one of their new clothing line launches.
Source: unis

Furthermore, Bape’s bold and eye-catching graphics played a significant role in its unique appeal. The brand incorporated distinctive motifs such as the Ape Head logo and the camouflage pattern, which became synonymous with Bape’s identity. These iconic symbols adorned Bape’s sneakers and apparel, setting them apart from the more minimalist designs commonly associated with Nike. Bape’s ability to create visually striking and recognizable pieces contributed to its market presence and cultivated a strong sense of brand loyalty among its customers.

In addition to its streetwear offerings, Bape expanded its product range to include accessories, home goods, and even collaborations with luxury brands like Rolex and
Medicom Toy. This diversification allowed Bape to extend its influence beyond the realm of clothing and footwear, positioning itself as a lifestyle brand with a wide-ranging appeal. Bape’s ability to capture the spirit of the streetwear culture while infusing its unique design elements propelled it to become a major player in the fashion industry.

Legal Precedents and Implications

The Nike lawsuit against Bape is not the first instance of trademark infringement claims within the fashion industry. Previous cases have set legal precedents and shed light on the complexities of protecting intellectual property in the creative realm. One notable case that garnered attention was Adidas’ trademark infringement claim against American fashion designer Thom Browne.

Adidas alleged that Thom Browne’s designs, particularly his sneakers, bore striking similarities to Adidas’ iconic three-stripe trademark. The lawsuit sparked discussions about the boundaries of design imitation and the extent to which elements of popular culture and fashion trends can be protected. Ultimately, the court ruled in favour of Adidas, emphasizing the need for designers to create original and distinguishable designs that do not infringe upon existing trademarks.

The Nike-Bape lawsuit raises questions about the effectiveness of existing intellectual property protection mechanisms in the fashion industry. As fashion trends evolve rapidly and designs can be easily replicated, the challenge of safeguarding unique creations becomes more daunting. Designers and fashion houses must constantly innovate and find ways to protect their intellectual property while staying true to their creative visions.

Another clear illustration of how the Bape Sta “Black” sneakers can highly resemble the Nike
Air Force 1 Low “White/Black”.
Source: unis

Intellectual Property Protection Challenges in the Fashion Industry

The trademark infringement lawsuit between Nike and Bape brings light to the challenges faced by brands in protecting their intellectual property in the fast-paced fashion industry. Nike’s trademark registration for the Air Force 1 in 2008 demonstrated its commitment to safeguarding its iconic designs. The meeting between Nike and Bape in 2009 hinted at a confrontation over design similarities, which has now escalated into a legal battle.

One of the challenges in intellectual property protection lies in distinguishing between homage, inspiration, and outright replication. The fashion industry is characterized by constant borrowing and reinterpretation of designs, blurring the boundaries between originality and imitation. This makes it difficult for brands to establish clear-cut cases of infringement and enforce their intellectual property rights effectively.

Furthermore, the global nature of the fashion industry presents additional challenges. Brands like Bape often have a significant presence in multiple countries, each with its own intellectual property laws and enforcement mechanisms. Coordinating legal action across jurisdictions can be complex and time-consuming, allowing infringing products to circulate freely in some markets.

In a nutshell

Nike’s initiation of a trademark infringement lawsuit against Bape holds significant implications for the fashion industry. The legal battle unveils the challenges faced by brands in defending their intellectual property and the importance of design originality and innovation. The outcome of this case may set a precedent for future disputes involving trademark infringement in the sportswear and streetwear sectors.

As the trial proceeds, industry experts and enthusiasts will closely follow the legal proceedings and its potential impact on both Nike and Bape. The case serves as a
reminder of the complex dynamics between brands, design influence, and the ever-evolving landscape of intellectual property rights. Ultimately, the lawsuit between Nike and Bape highlights the critical need for robust intellectual property protections in the fashion industry to foster innovation, creativity, and fair competition. Find out how you can prevent trademark infringement with us at Intellect

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Learn From Top Patent Holders in the World

hazira — Mon, 05 Aug 2024 05:58:59 +0000

By Intellect Worldwide

If you believe your invention has potential, someone must have already advised you to patent your product. That’s because there are many possible advantages of patents.

So, why are you still hesitating to do it?

Last year, in 2021,
as much as 327,798 patents were granted
in The United States alone (The Patent 300®).

Maybe it’s because patent registration seems intimidatingly complicated, but it is actually not, with the right help. It’s also not something rare or exclusive at all. In fact, it is very common, and big companies do it extremely frequently and abundantly. No matter how small their new invention is, big companies submit thousands of patents a year. Large corporations understand well the risks of not patenting inventions against the costs of doing so.

In this article, we will first go through the advantages and disadvantages of patents. Then, we will explore the latest statistics of the corporations with the most patents.

Thanks to patent registrations, the Coke bottle design remains a signature of the brand that no one else can use.
Source: Pixels

Advantages of Patents

Patents give you exclusive rights to:

produce your product.
control how your invention will be made, used, or sold.
protection for a pre-determined period, allowing you to monopolise your market and keep competitors at bay.
stop others from copying, manufacturing, selling or importing the invention without permission.
license your idea to other companies under a licensing agreement, providing an important source of revenue.
collect royalties in combination with a registered design and trade mark.

As a bonus, patents act as a deterrent, so infringers will not be tempted to copy. With patent protection, imagine how many competitors who wanted to steal your ideas stopped in their tracks without you even knowing.

Disadvantages of Patents

Applying for a patent:

is time-consuming (3-4 years) – the market may change by the time you get a patent.
makes technical information about your invention public, so it’s no longer a secret from your competitors.
will cost money whether you are successful or not.
means you’ll need to remember to pay your annual fee or your patent will lapse.
requires you to be prepared to defend your patent against an infringer.

Patent Trend Overview: 2016 to 2021

	1st	2nd	3rd	4th	5th
2016
2017
2018
2019
2020
2021

Top Companies in Detail

1. IBM

IBM (International Business Machines), or the Big Blue, produces and sells computer hardware, middleware and software, and provides hosting and consulting services in areas ranging from mainframe computers to nanotechnology.

IBM steadily leads the way with 8,682 patents in last year. The company has been leading in the number of patents received annually for decades. 2021 marks the 29th consecutive year of patent leadership amongst U.S. companies. Even though they had a 5% decline from the previous year, they are still one of the top-ranked in terms of active patent families coming in eighth with 41,937 active patents. Since 1920, IBM has received more than 150,000 U.S. cumulative patent holdings.

Big Blue has cleared $1 billion in patent income most years since 1996, a valuable source of revenue for the company.
Source: Bloomberg.

2. Samsung

Samsung Electronics is the world’s second-largest technology company by revenue, and its market capitalization stood at US$520.65 billion, the 12th largest in the world.

The Samsung Group (stylized as SΛMSUNG) has been in second place for many consecutive years, with 6,366 patents awarded during 2021, only 1% down as compared to the previous year. However, in terms of cumulative patent holdings, Samsung is the global leader with 90,416 active patent families. This South Korean multinational manufacturing conglomerate is the largest non-U.S. spender on Research and Development, equivalent to 8.9% of its sales.

3. Canon

Canon Inc. (Kyanon Kabushiki Gaisha or CAJ) focuses on four key business areas: commercial printing, network cameras, medical and industrial equipment.

Canon, ranked third for the number of U.S. patents awarded in 2021 and maintained in the top five for the number of patents granted for 36 consecutive years. With 3,021 patents in 2021, Canon, is a well-known global brand of Japanese origin and a leading provider of consumer, business-to-business and industrial digital imaging solutions The company has retained the number one spot among Japanese companies for the 17th consecutive year. In terms of cumulative patent holdings, Canon holds the ninth position, falling from third in 2020, with 40,706 active patent families.

4. TSMC

Chinese companies have shown a spectacular rise of 10% in the number of patents awarded in 2021. Taiwan Semiconductor Manufacturing Company (TSMC) is the world’s leading dedicated semiconductor foundry dominating more than 55% of the market share.

TSMC was awarded 2,798 patents in 2021. Back in 2020, when majority companies witnessed a drop in patents in 2019, TSMC registered a 22% growth and moved up from the 12th place in 2019 to be at the sixth spot.

5. Huawei

Huawei Technologies Co., Ltd. is a leading global provider of information and communications technology (ICT) infrastructure and smart devices.

Huawei was awarded a total of 2,770 in 2021 as compared to 2,761 patents in the previous year. Huawei moved up by four places, from the ninth spot in 2021, to make its place among the top five in 2021. Over the years, Huawei has been investing over 10% of its sales revenue back into Research and Development.

Huawei has filed a patent for a “detachable electronic device” that can dock onto 2 additional objects with compatible connectors.
Source: Notebook Check.

Honourable Mentions: Top Ten.

6. Intel (INTC) received 2,615 patents during 2021, a drop of 9% since 2020.
7. Apple (AAPL) had 2,541 patents during 2021, despite a 9% fall in patents awarded during the year.
8. LG Electronics (Lucky Goldstar) scored 2,487 patents. The number of patents awarded to LG experienced shrunk by 12% during the year, dropping one rank compared to 2020.
9. Microsoft (MSFT) witnessed a dramatic decline in 2021. The company received 2,418 patents in 2021, experiencing a 17% fall from 2020.
10. Qualcomm (QCOM) retained its spot among the top ten, despite a 6% drop in patents received between 2020 to 2021. The company received 2,149 patents during the year.

Honourable Mentions: Top Ten.

1. Advanced New Technologies (ANT) made an incredible surge of 696%, increasing from 98 patents in 2020 to 780 patents in 2021.
2. Guangdong Oppo Mobile Telecommunications (Oppo) witnessed a 33% rise receiving 719 patents during the year.
3. Saudi Arabian Oil (Saudi Aramco) saw a 28% increase with a grant of 836 patents in 2021.
4. Raytheon Technologies (RTX) registered 788 patents, an increase of 18%.
5. Micron Technology (MU) moved up 17%, being awarded 1,789 patents during 2021.

Now, do you see how common and important it is to register for patents? You shouldn’t shy away from it. Patent registration is crucial to securing and converting a company’s research and development (R&D) efforts into potential economic gains.

Intellect is an expert in intellectual property matters across many countries, including Malaysia. If you are looking for a patent agent to jump start your patent registration in Malaysia, speak to our patent agents today.

The post Learn From Top Patent Holders in the World first appeared on iPon9.

An Invention By Artificial Intelligence Granted A Patent

hazira — Mon, 05 Aug 2024 04:14:35 +0000

Patents for Non-human Inventors?

Artificial Intelligence has proven time and time again that it can, not only assist, but replace the human mind, and it just keeps getting more and more sophisticated. AI can write books, diagnose and treat diseases, drive cars, unravel stories hidden within documents, and be a grandmaster at chess, to name a few.

If AI is capable of such advanced achievements, is it so hard to believe that it is capable of creating a patentable invention? An AI’s capability isn’t the main question though. The main question is: should we allow AI to be recognized and listed as an inventor that’s worthy of merit and patent ownership?

AlphaZero AI beats chess champion after teaching itself in four hours.
Source: The Guardian

In 2019, Dr. Steven Thaler filed patents all over the world, citing his artificial intelligence, DABUS (Device for the Autonomous Bootstrapping of Unified Sentience), as the “inventor”, instead of nominating his own name. DABUS invented a food container based on fractal geometry. It sounds super fancy, but basically, they are interlocking food containers that are easy for robots to grasp and stack.

This patent application stirred up extensive discussions in patent offices in the US, Europe, Australia, and South Africa. Since then, much deliberation has resulted in dismissals in courts across the US, EU, and UK. The main stumbling block was not that the examiners couldn’t believe that a machine could invent something, it was that they couldn’t see how a machine can own the invention. Ownership is an extremely important element the patent process.

South Africa, however, granted the patent, making history as the world’s first to do so. It was followed by Australia a few days after. In 2021, Australia and South Africa are the only two countries in the world accepting AI as inventors.

Creativity Machines.

In further detail, DABUS is an AI system that simulates human brainstorming and creates new inventions. DABUS is a specific type of AI that can be thought of as creativity machines for their capability in independent and complex functioning. This is different from the AI in our everyday life, such as Siri, which is programmed to retrieve information from a database rather than “create” its own original information.

Dr. Thaler, a pioneer in machine learning inventions, has created many kinds of creativity machines. Before DABUS, he built an AI which invented a cross-bristle toothbrush design. He filed a patent for the cross-bristle design, it met the standards for patent approval, and a patent was ultimately granted. This has proven that AI does indeed have the ability to create truly original inventions that meet patent procedures. At the time, Dr. Thaler listed himself rather than the AI as the inventor for the toothbrush, so it was approved without the whole AI debate.

This time, Dr. Thaler decided instead to list DABUS as the rightful inventor of the food container, as the invention was fully conjured by the AI. He said DABUS independently designed a fractal-shaped container for improved grip and heat transfer, and an emergency beacon that flashes more noticeably. So, he cannot take credit as the actual inventor.

DABUS became the start of their push for AI to be recognised as inventors everywhere in the world. South Africa’s government said yes because it wants to increase innovation to solve the country’s socio-economic issues, which is necessary to really capitalise on the fourth industrial revolution: Artificial Intelligence.

The food container design allows them to fit together tightly for better transportation.
The shape also makes it easier for robotic arms to pick them up.
Source: Patently-O

Addressing The Gaps in Patent Law.

Much to the surprise of the global community, South Africa became the world’s first to grant a patent to an Artificial Intelligence system. In 2021, South Africa’s patent office recognized DABUS as an inventor, but has not yet explained its reasons for deciding so.

This ground-breaking decision received backlash from intellectual property experts everywhere, labelling it as a mistake, an oversight, or an incorrect decision in law. IP experts argue an AI lacks the necessary legal rights to qualify as an inventor. Critics even go as far as questioning South Africa’s IP procedures and standards, that if they had a substantive search and examination system in place, the DABUS patent application would have been rejected.

Australia’s Federal Court also ruled an artificial intelligence system can be named as an inventor, explaining that we cannot restrict a narrow view on the concept of ‘inventor’ because that would inhibit innovation. If ownership is the issue, it can be resolved with granting a ‘title’ to the applicant, the same way a farmer receives the title for the milk his cows produce.

The United States Patent and Trademark Office and the European Patent Office, on the other hand, rejected these applications in the formal examination phase based on three reasons:

Patent laws only provide for human inventors, indicated by the use of pronouns such as “him” and “her” in their text.
Ideas require the element of “mental conception”, which only a human mind is capable.
Being listed as an inventor grants you rights, which an AI is not legally capable of possessing.

Patent laws state that the rights fall on the inventor or the employer,
but it also states that the contributor to the invention must be credited as the inventor.
Source: Information Age

If Machines Can Be Inventors, Could AI Soon Monopolise Technology?

There are concerns that accepting machines as inventors could create an avalanche of automated patent generators, the same way AI has been used in content farms and spambots. This would be advantageous to dominant tech companies for whom AI is central, such as Google, Apple, Facebook, Amazon, and Alibaba. These platforms have a huge pioneer advantage in AI, easily allowing them to turn into monopolists and gatekeepers. That sounds really scary to aspiring inventors and small businesses.

However, that fear is largely disproportionate to reality.

Firstly, to get a patent, an invention must satisfy a list of stringent, lengthy, legal requirements. Applicants must prove the invention has ‘worldwide novelty’ and involves an inventive step. Secondly, patents are expensive, plus there are maintenance fees too. This is a big disincentive to abuse the patents system. Thirdly, patent owners have to abide anti-monopoly laws, so action can be taken against those seeking to abuse IP rights to stifle competition.

Some have expressed concerns that, by accepting AI as inventors, it would elevate the status of AI to a legal person. Others have also suggested that if we allow AI-generated inventions to gain patent protection, it would give an unfair advantage to human invention, which undoubtedly cannot match the processing capacity of a computer. This will make it harder for human inventors to secure patent rights.

Justice Beach of the Australian Federal Court – the person who allowed AI to be named as an inventor – said that whether the inventive step is produced by a human or a machine is irrelevant and is not at all concerned with the inventor’s mental processes or characteristics whatsoever. Instead, the focus is on comparing the new idea to the field’s prior base and common general knowledge, and encouraging new knowledge to be invente

Let’s say we ignore all these issues and decide that AI cannot be named as an inventor, then that would mean the patent is invalid, since the alleged invention has not in fact been made by the nominated human, but by AI.

Actions That Should Be Taken.

The depth of this discussion varies in different countries.

In the latest update of the DABUS saga, Australia reversed the patent approval decision. In April 2022, Australia now holds that DABUS cannot be listed as an inventor for the patent application, because Australian patent law recognizes only human inventors. Patent offices across the world continue to confirm that inventors must be human, so we will continue to see if Dr. Thaler presses for an appeal in Australia and around the world.

Right now, AI is literally challenging the essence of innovation. Clearly, AI highlighted existential questions about the core principles of the patent system including ownership, inventorship, and infringement that has to be discussed and solved. Other debates surrounding Artificial Intelligence in Intellectual Property matters are unavoidable as well, with AI being more and more heavily utilised.

Different AI policies that leading countries use.
Source: based on WIPO

Today countries need to unambiguously state at least what AI can and cannot do. Patents officials have to also sort out how they will interpret the existing rules to fit the moral, ethical, and legal facets of AI inventions, where caution is prudent.

Inventions are being created daily, and you must know your intellectual property rights, at least in your own country, Malaysia. Patent agents can help you understand your rights and how you can protect yourself to reap the maximum benefits from your ideas and inventions.

If you have not registered for a patent for your original products, you should highly consider looking into that with your local patent agents.

The post An Invention By Artificial Intelligence Granted A Patent first appeared on iPon9.

iPon9

Trademarks in the Metaverse: Do You Need It?

What is a Metaverse?

What is an NFT?

Early Exploits of Trademarks in the MetaverseLast

All brands should be filing for its trademark in the metaverse right now.

Brands That Have Filed Metaverse Trademarks

Understanding Patent Rights in Malaysia and The Role of Intellectual Property

Overview of Patent Rights in Malaysia

Criteria for Patentability

Patent Strategy for Businesses in Malaysia

The Role of Intellectual Property

Challenges and Strategies in Patent Enforcement

To summarise

Trademark Dilution: Understanding the Concept and its Implications

Trademark Dilution under Malaysian Law

What is Trademark Dilution?

Types of Trademark Dilution

Examples of Trademark Dilution

The Implications of Trademark Dilution for Businesses

In conclusion

Usain Bolt Trademarks His Signature Victory Pose

Usain Bolt’s Trademark Filing

Trademarking Signature Poses or Looks

Complexities Involved

Other Famous Examples of Trademarked Poses

Concluding Remarks

Trademark Best Practices and Strategies in Malaysia: Safeguarding Your Brand Identity

Practical Tips for Trademark Management

Strategic Approaches for Trademark Management

Real-Life Examples in Trademark Management

Real-Life Examples in Trademark Management

To Summarise

Patents That Changed Humanity Forever

Offensive Trademarks that are Non-Registrable

About ‘Timah’ itself

What are considered as offensive trademarks?

Can a trademark registration be cancelled?

How can companies avoid their brand names being seen as derogatory?

In summary

Nike Files Trademark Infringement Lawsuit Against Bape

Background and Historical Context

Nike's Delayed Response and Potential Agreement Speculations

Bape's Unique Appeal and Market Presence

Legal Precedents and Implications

Intellectual Property Protection Challenges in the Fashion Industry

In a nutshell

Learn From Top Patent Holders in the World

Advantages of Patents

Disadvantages of Patents

Patent Trend Overview: 2016 to 2021

Top Companies in Detail

1. IBM

2. Samsung

3. Canon

4. TSMC

5. Huawei

Honourable Mentions: Top Ten.

Honourable Mentions: Top Ten.

An Invention By Artificial Intelligence Granted A Patent

Patents for Non-human Inventors?

Creativity Machines.

Addressing The Gaps in Patent Law.

If Machines Can Be Inventors, Could AI Soon Monopolise Technology?

Actions That Should Be Taken.

All brands should be filing for its trademark
in the metaverse right now.