MS4660 - Trademark Law: Protecting Trademarks in Global Markets

This assignment explores trademark law, focusing on international diversification strategies for Singaporean companies. It addresses the territorial nature of trademark laws and the importance of seeking patent protection in different countries. The assignment also discusses commercializing abroad through licensing and franchising, emphasizing the need for prompt trademark registration and translation in target markets like the US, China, and Malaysia. Furthermore, it covers the process for Singapore residents applying for patents overseas and the protection afforded to renowned trademarks under Singapore law. The document concludes with a list of references. Desklib provides access to this and other solved assignments for students.

TRADEMARKS 1
Trade marks assignment
Name:
Institution:
Date:

TRADEMARKS 2
B4). In the global government, the laws are local and territorial in nature. Every nation is
ruled through its peculiar domestic laws. Therefore, if the company manufacturing the camera
wants to diversify abroad, it should seek patent protection in the nations, filing for patent
protection in the nations separately. In order to protect your trademark in another nation, it is
central to understand how trademark registration in that specific nation functions in relation to
Singapore. It is also important for the company to familiarize itself with the regulations and rules
of these countries in which they intend to diversify into. (Page C9)
Commercializing abroad
Licensing is a contract that certificates a foreign corporation to use trade property,
technical skills, engineering and architectural designs, or any suitable combination the
aforementioned in an overseas market. The industry property will include the copyright patents
and trademarks. The licensing contract will also comprise the practicality training instructions,
practical advice from licensors. Here, the copyright holder may offer licenses of a few rights to
handlers of the patent based on region, period and kinds of applications. The copyright proprietor
will be given licensing charges (Grannis & Thilmany, 2000).
Assignment: A patent proprietor might decide to apportion some rights to certain parties
for valued reflection. The party assigned the rights will use copyright materials for the purposes
of business. Franchising provides a way for corporate to expand in fresh market with a better
level of administration, low cost and reduced risks as they are in a position to invest in the
appropriate knowledge and equipment. Thus, franchising is an approach with extraordinary
incentive to the franchisees and adapting experiences and local market information (Kim et al.,
2012) (Page C27-28).

TRADEMARKS 3
Practical matters to be taken into consideration
Prompt registration
Owing to the first come first served registration arrangement, the result of any dispute on
the trademark predominantly depends on who put the registration first in any country including
US, China and Malaysia. Therefore, companies intending to diversify into these countries ought
to register early, mainly because the registration might take longer sometimes.
Translate the trademark to protect it
It is more complex register a brand name of a company as its trademark especially in
China because the firms must translate the trademark names into Chinese language in order to
sell in China. Registration using the English names only may not be enough the countries may
have different interpretations.
Maintenance of appropriate records
The company should preserve all trademark associated records and other documents in all
offices, including the offices in the countries where they have diversified, to be able to contest
any potential squatters of their trademark and also to enable renewal, alteration or even
cancellation. (Page C29).
B5. In case any person residing in Singapore wants to apply for a patent outside the
country, they are supposed to written to the Registrar so as to make a request. As an substitute to
gaining the written permission from the Administrative officer to apply for a patent overseas, a
Singapore resident may apply for the patent within Singapore initially and if after a period of two
months from the application within Singapore, the Administrative officer fails to dispute or

TRADEMARKS 4
direct that the applicant be restricted or prohibited from accessing the communication or
publication of material enclosed within the patent request, the candidate may carry on to and
apply abroad for that patent to cater for that discovery. (Page A28-29)
Renowned trademarks are provided with protection in “Section 55 of the Trademarks”.
This applies even if the trademarks are unregistered or if registration application has been filed
(Ryan, 2010). The factors mentioned below are used to consider if a trademark is renowned in
Singapore:
 The level of recognition by the pertinent division of the municipal in Singapore
 The length of time and geographical region of promotion and use of the trademark
 Any application or registration for use within any nation

TRADEMARKS 5
References
Grannis, J., & Thilmany, D. (2000). Marketing Opportunities for Natural Beef Products in the
Intermountain West. Agricultural marketing report (Colorado State University. Dept. of
Agricultural and Resource Economics); AMR 00-02.
Jajpura, L., Singh, B., & Nayak, R. (2017). An introduction to intellectual property rights and
their importance in Indian context. The World Bank
Kim, Y. K., Lee, K., Park, W. G., & Choo, K. (2012). Appropriate intellectual property
protection and economic growth in countries at different levels of development. Research
policy, 41(2), 358-375.
Maheshwari, V., & Bhatnagar, P. (2008). Small scale industries and IP management: Need to
recognize intellectual assets. The World Bank
Ryan, M. P. (2010). Patent incentives, technology markets, and public–private bio-medical
innovation networks in Brazil. World Development, 38(8), 1082-1093.