[LST] Apple Seeks Trademark in Malaysia

http://blogs.wsj.com/digits/2013/08/30/apple-seeks-trademark-in-malaysia/?mod=e2tw

 

 

 

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• August 30, 2013, 8:11 AM ET

Apple Seeks Trademark in Malaysia

ByJason Ng

Apple Inc. has applied to the Malaysian intellectual property rights administrator seeking to trademark the oft-used term “startup” in the Southeast Asian country.

Bloomberg News

The Cupertino, Calilf., company lodged four applications to the Intellectual Property Corporation of Malaysia, also known as MyIPO, that would cover a broad range of computer and mobile services, from retail store to educational classes, according to MyIPO.

It remains unclear what Apple plans to do with the trademark. Apple sells its products in Malaysia through a network of third-party resellers and doesn’t have its own Apple Store.

Apple didn’t immediately respond to a request for comment. Wong & Partners, the Malaysian law firm representing Apple in the applications, declined to comment.

Apple is seeking to trademark the term “startup,” under various categories covering retail stores services for computers, software, peripherals, mobile phones and consumer electronic devices ; repair and maintenance of devices;  conducting seminars, workshops and conferences; and design and development of computer hardware and software, consulting services and consumer electronics.

Lawyers specializing in trademarks say Malaysian trademark laws don’t rule out registration of generic terms, but that is subject to conditions.

“It is actually possible to register generic terms if it has acquired a secondary meaning,” Cindy Goh, head of intellectual property department at Malaysian law firm Cheang & Ariff said.  ”They will also have to prove that they have been using it and provide evidence showing its extensive use in other countries,” she said.

Three of the applications are under a status where the public has two months to oppose the proposed trademarks, while one is pending the administrator’s approval.

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