Sales and Puchase (Brokering)

A registered trademark is personal property and as such it can be bought and sold like any other business asset. The more reputation and goodwill there is associated with a trade mark, the more valuable the trade mark is.

As your business evolves, you may find that you have trademark registrations that you no longer want and would like to sell, or that someone else holds a trademark registration that you would like to acquire. Alongside trademark and legal knowledge, our commercialisation team has expertise in the trademark brokering market to help you drive a successful negotiation.

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Cancellation and Invalidation

After a trademark is registered, a third party may apply to have it revoked or declared invalid. There are several grounds for revoking a trademark registration, and the most common is where the registered trade mark has not been put to genuine use for a continuous period of five years without proper reasons.

Removing someone else’s registration from the trade mark register may allow you to proceed with your own application, or allow you to use a trademark without infringing someone else’s rights. For these reasons, cancellations and invalidations are often used as a counterclaim to an opposition or infringement claim.

E-mail us on info@drexworldasia.com if you would like to discuss Trade Mark Enforcement/

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Opposition and Infringement

An opposition is an objection by a third party to an application for registration of a trademark. Most commonly, objections are raised because the third party owns an identical or similar trademark to the one for which registration has been applied. Whether you are the opposing third party or the applicant defending its trademark application, the process usually involve initial negotiations with a view to reaching settlement. If agreement cannot be reached then both sides would submit arguments and evidence in support of their claim or defence to the relevant Trademark Registry.

Oppositions are concerned with preventing the registration of a trademark, whereas infringement proceedings are concerned with the unauthorised use of an identical or similar trademark in commerce. Whilst these proceedings can be complicated, a lot of claims are settled outside of court, and negotiations can even include business deals and settlements that are beneficial to both parties.

As with any enforcement action, before launching a claim, it is important to check the strength and validity of your own rights, as well as other existing rights your opponent may have.  Drexworld Management PLT can help you to do that.

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Trademark Renewal

Once registered, a trademark registration lasts for a number of years (e.g. 10 years in Malaysia), unless revoked. Before the expiry date, renewal fees can be paid, along with any necessary submissions, in order to keep the registration in force for another period. Late payments of up to a few months are sometimes allowed, but would usually incur a penalty. A trademark registration can remain in force indefinitely, if it is always renewed.

If renewals are not completed then the trade mark registration will lapse. Renewal services help maintain your trademarks by managing your renewals on your behalf. This is particularly useful if you have a large portfolio across many countries.

Drexworld Management PLT is pleased to offer a Trademark Renewal service.

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Trademark Watch

A trademark watch is a service whereby the trade marks you are interested in are monitored, so that you will be notified if and when a third party files a trade mark application for a trade mark that is identical or similar.

Our watching service reviews the new trademark fillings from time to time to insure that no pending mark infringe on your mark. Our search includes close matches, phonetic matches, and translation.

It is very useful for trademark owners to know when someone else is applying to register a trademark that is identical or similar to theirs, as being made aware of such new applications may give the owner the opportunity to oppose the application, and to take action in preventing any such third parties from using that trade mark.

Please e-mail us on info@drexworldasia.com and ask for more information on our Trademark Watch service

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Trademark Searching

Before you invest time, effort and money into developing and launching a new brand, it is important to know that your brand is not already in use or registered by others in the countries you are looking to trade in. Trademark searches are therefore often conducted for two reasons.  Firstly, to check that the chosen trademark is available for use without infringing, and secondly, to check for potential obstacles in registering the trademark for your business.

A trademark search would provide you with a report showing a list of identical or similar trade marks that are registered, have been applied for, are currently in use, or have been in use in the relevant market sectors, in the countries you wish to trade in. With this knowledge, you will be able to choose a brand name that is unique and distinctive from other trademark already in the market – which is essential for establishing brand identity and developing your business in the long term.

A good trademark should mean a smooth and objection-free registration process, and going forward, the protection of the registered mark would be strong and not easily challenged. Just as importantly, choosing the right trademark will also reduce the risk of court proceedings against you by third parties claiming that you are infringing their trademark rights, which could lead to a costly and time-consuming rebrand of your business.

Searches are sometimes requested simply as a way of understanding and keeping track of your competitors by knowing, firstly, what trademarks they already have, and secondly, what trademarks they have recently applied for, in which countries, and for what goods and services, since this may give you an indication of the next step in their business direction.

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