Trademark registration in Southeast Asia (half 1)
With the globalization of enterprise actions these days, an organization can broaden its actions nearly anyplace on the earth. Together with the seek for markets / clients and the event of the distribution community, on this 4.0 period, the safety of mental property and the model picture of an organization when getting into the brand new market has turn into extra vital. than ever.
Southeast Asia is made up of 11 international locations with a powerful range of faith, tradition and historical past: Brunei, Burma (Myanmar), Cambodia, Timor-Leste, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam. It isn’t solely the vital transition level for nearly all transport routes, but in addition the gateway for commerce and enterprise from East to West of the Earth and vice versa. With such an vital place within the international economic system, Southeast Asia can also be the best vacation spot for funding.
As a part of this text, we’ll level out some key notes to firms / traders who want to register for the safety of their IP belongings in widespread and emblems particularly in South East Asia:
1. The international locations of South-East Asia are each members of the Madrid Settlement and the Madrid Protocol.
For a trademark to be protected:
On the nationwide / regional stage, trademark safety may be obtained by registering, submitting an software for registration with the nationwide / regional trademark workplace and paying the required charges.
On the worldwide stage, you might have two choices: both you may file a trademark software with the trademark workplace of every nation wherein you might be searching for safety, or you need to use the Madrid system.
There are two worldwide agreements referring to the safety of emblems, specifically the Madrid Settlement, concluded in 1891 and the Protocol referring to this Settlement, concluded in 1989, each often known as the Madrid System. The citizen or firm who has a private or skilled reference to one of many members of the system can use the Madrid System and the WIPO workplace as a mediator to register and handle a trademark worldwide.
Ten Southeast Asian international locations, besides Timor-Leste, are each members of the TRIPS and WIPO agreements, that means that trademark candidates can use the Madrid system to submit a single software for cover. from ten Southeast Asian international locations and save many prices whenever you evaluate to file a trademark software straight with the trademark workplace of every nation wherein you search safety.
Many individuals nonetheless don’t perceive that the Madrid System is the worldwide system for registering and defending emblems worldwide; Nonetheless, this isn’t right. The Madrid system is barely an middleman physique to obtain and ship the trademark registration software, it’s not licensed to grant trademark safety to any nation, territory. In accordance with the registration rules of the Madrid System, after being accepted by the WIPO workplace, the registration request can be despatched to the mental property workplace of the designated nation to look at whether or not the mark may be protected. or not in these international locations.
2. ASEAN international locations have a typical on-line trademark data platform
Should you intend to register a trademark in ASEAN international locations, the best choice is to rent knowledgeable IP agent. However, regardless of for an mental property agent or for the traditional enterprise, the very first thing to do when registering a trademark is to test the trademark safety capability earlier than making use of the information.
Every nation normally has its personal public IP library, nevertheless, not all international locations have the English platform for these digital libraries or it is not going to be simply accessible by a foreigner. Moreover the WIPO World Trademark Database, the applicant may also test the Southeast Asia trademark software data by Asian TMView, that is the web data platform Widespread on Emblems of ASEAN Member States aimed toward making ASEAN trademark knowledge broadly and simply obtainable. accessible to all stakeholders and fully free.
Anybody can entry data on trademark registrations and trademark functions with impact in ASEAN member international locations. All it’s important to do is seek for “ASIAN TMview” or go to the hyperlink http://www.asean-tmview.org/tmview/welcome
3. Some vital remarks when registering a trademark in Cambodia
Multi-class software: Previous to 2015, Cambodia’s Emblems, Commerce Names and Unfair Competitors Acts supplied that the applicant might solely apply a single class software. Nonetheless, after signing the Protocol Regarding the Madrid Settlement Regarding the Worldwide Registration of Marks (“Protocol on Marks”) on March 5, 2015, which entered into drive in June 2015, Cambodia amended the regulation and licensed multi-class requests. Briefly, multi-class requests are potential at current, each for a direct request or for a request in Madrid, which implies that an software can cowl as much as 45 lessons of products or providers. The products and / or providers that are the topic of the requests have to be categorized in response to the worldwide classification of products and providers of the Good Settlement. Moreover, for a multi-class software in Cambodia, the applicant should pay the category charge on a per-class foundation, and there’s no low cost for any extra class in a single software.
IP Agent Consultant: whenever you apply for trademark safety via the Madrid System, you aren’t required to be represented by a Cambodian mental property agent. Nonetheless, having a consultant of an mental property company is a compulsory situation that the applicant should meet with a view to submit the registration on to the Division of Mental Property of Cambodia, or when the Madrid request is requested to switch, complement or to reject. As well as, different paperwork to be submitted by the applicant, agent or lawyer of the Division of Mental Property of Cambodia needs to be in Khmer and English.
Variety of reproductions required: In Cambodia, the variety of reproductions to be submitted will rely on the variety of lessons registered, specifically, 15 extra reproductions have to be summed for every class within the software. Extra representations have to be similar. It shouldn’t exceed 8 cm by 8 cm.
4. Some vital remarks when registering a trademark in Thailand
Authorization to the mental property agent / legal professional: If the authorization is made exterior the Kingdom of Thailand, the signatures within the authorization letter or energy of legal professional have to be licensed by the licensed official of the Thai Embassy or Consulate or the Director of the Workplace of the Ministry of Commerce positioned within the nation the place the principal or principal resides. In case the authorization is made within the Kingdom of Thailand and the principal or grantor of energy doesn’t reside within the nation, the applicant should current a replica of the passport or certificates of non permanent residence of the principal or grantor of energy, or any proof that on the time of authorization, the principal or licensor of the electrical energy was in Thailand.