The purpose of a trademark is to provide clear distinctions about the quality of goods or services associated to it. As such, a trademark in itself must be distinctive so that potential consumers can easily identify it. Business owners go to great lengths in creating an original trademark that meet all the aforementioned criteria. Nevertheless,…
Non-use cancellation is a legal approach to challenge a valid trademark registration. The term “non-use” refers to a state where a registered trademark is not properly used in the course of trade. In determining a condition of non-use, duration is one significant factor. According to Article 19 of the TRIPS Agreement, the minimum period is…
In terms of IP protection, there is a distinction between ordinary trademarks and well-known marks. Well-known marks are trademarks widely recognized by the public due to its acclaimed reputation, suggestive nature, and great attractiveness. The “ZOOM” trademark case illustrates that well-known status gives a significant advantage for trademark owners.