Summary Notes on Intellectual Property Law : Trade mark
assalam & salam sejahtera Intellectual Property Law : Trade mark .........................................Here it goes ........................................ TRADE MARK è GEN. CONCEPT : § TM is similar to ‘passing off’ in term of the protection of the ‘goodwill’. § The diff. between the two is that for PO, the element of proving the ‘goodwill’ is a compulsory one, but for TM, as it is a registered version of PO, only the ‘marks’ must be proven. § Besides, passing off is not limited to the ‘marks’ only, as what TM limited to. § When a ‘marks’ is registered under TM, it gives the owner a monopoly rights over the marks, which will indirectly prevent others from using the same marks. è ADVANTAGES OF REGISTERING THE MARKS : § Via the registration book , the businessman needs not to prove any ‘goodwill’ element. § The businessman also doesn’t need to prove for misrep. / loss. § Sec. 30 of TM Act : The marks is p