Table of Contents

The Law and Practice of Trademark Transactions

The Law and Practice of Trademark Transactions

A Global and Local Outlook

Elgar Intellectual Property Law and Practice series

Edited by Irene Calboli and Jacques de Werra

The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.

Chapter 22: TRADEMARK TRANSACTIONS IN ASEAN: CONVERGENCES AND DIVERGENCES IN EMERGING MARKETS

Susanna H. S. Leong

Subjects: law - academic, intellectual property law, law -professional, intellectual property law

Extract

Trademarks play an important function as indicators of origin and as guarantees of quality. Increasingly, trademarks are also seen as important tools for advertising and building brand equity. Businesses are always seeking new signs to promote and to sell their goods and services. As would be expected, the list of signs that can constitute a trademark has also expanded greatly and ranges from the traditional signs of words, logos and two-dimensional graphical representations to the non-conventional ones such as colours; shapes of goods and aspects of packaging; smells; sounds; gestures or moving signs; position signs and interior décor of shops. Trademarks, therefore, form an important part of a firm’s intellectual property portfolio and, in many small and medium sized firms, trademarks are probably the most common intellectual property created that is of great value to the firms. As these firms grow in their sales and revenues, the trademarks that are applied to their goods or services also rise in tandem with their value and become important company assets. Examples of such firms in Asia include Samsung (South Korea); Huawei (China); Toyota (Japan); and SingTel (Singapore), just to name a few.

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