International Trademark Association Non-Traditional Trade Mark East Asian and Pacific Subcommittee Collated by ELLA CHEONG, Chairman

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1 Afghanistan (Carrick) Australia (Tracey) Bangladesh (Beth) Bhutan (Jennifer) Brunei (Tracey) Cambodia (Carine) China (Linda) East Timor* (Rupert) * * * * * * * ( if in shape of mark) (; ID) (; ID) (; ID) Page 1 of 7

2 Hong Kong (Rebecca) (gener -ally because HK Regist -rar takes view that public may treat sound as something emitted by goods, rar than as a sign indicat -ing trade origin. (Theoretically registrable unless (a) results from nature of goods mselves, (b) necessary to obtain a technical result, or (c) gives substantial value to goods.; but in practice, Registrar usually requires. (general ly ID, but required if colours appear on entire surface of product or a substant ial part reof ) generally ID, but required if colours appear on entire surface of packagin g or a substanti al part reof ) (IT; requir ed) (IT; requir ed) (IT; requir ed) (IT; require d) (; Page 2 of 7

3 India (Beth) Indonesia (Rupert) Japan (Michiru) Laos Macao (Rebecca) Malaysia (Tracy) (Linda) Maldives* (Carine) Mongolia (Tracey) * * * * * * * * (ID or if mark has low inhere nt distin ctiven ess) (ID//C L) IT* but only if it can be represented graph -ically as in a gram otograph IT* Page 3 of 7

4 Myanmar (Patsy) Nepal (Jennifer) New Zealand (Carrick) North Korea (Earl) Pakistan (Kenichi) Nil Info (yes in ory as law does provide for sound marks but Registr y does not provide facilitie s to register sound marks and re is currentl y no applica -tion or such registra -tion) In 2D (It has been a longstanding practice of Registry not to grant any exclusive rights in relation to container, packaging or bottle of product in question. May require secondary meaning Page 4 of 7 No specific provision regarding hologram as such. But it may fall within description of a device, label, figurative element.

5 Philippines Singapore (Patsy) (, ( provided not: (a) results from nature of goods mselves, (b) necessary to obtain a technical result, or (c) gives substantial value to goods (, Page 5 of 7

6 S. Korea (Earl) Sri Lanka (Kenichi) Taiwan (Yvonne) Thailand (Peter) Vietnam (Peter) Total ( But registrable if in form of label/ packa ging of products Cover ed in 2007 draft law still not approv ed (, * Cover ed in 2007 draft law still not appro ved ( Page 6 of 7

7 *Bangladesh *East Timor *India *Maldives *Thailand We have a report from an attorney in Bangladesh who said that he has never filed any trademark in Bangladesh for a sound, shape, smell, taste, touch, motion or position mark but that if he received documentary evidence of Indian Registration (or registration from anor country) of such a mark he would try to obtain a registration in Bangladesh. The new trademark law in Bangladesh, "Bangladesh Marks Ordinance 2008" has yet translated into English. currently provides for protection only through re-registration of trade marks registered in Indonesia. Consequently scope of NTM protection is wholly dependent upon law of Indonesia at present. With regard to colour in India, it would not be possible to define scope of a colour claim or limitation without identifying particular colour(s) concerned. Accordingly, an application for registration in colour should be based on a graphic representation filed in relevant colour(s) and precisely defined by reference to a pantone or or widely known and readily available colour standard. With regard to smell and taste, re is no restriction to such registrations under Indian law, but no smell or taste mark has been registered or filed to date. As stated in chart, were a smell mark filed, it would need presented graphically in form of a chromatograph. Protection of trademarks of all kinds in Maldives may only be obtained by way of publication of a mark Caution Notice in Maldives It is very difficult to prove acquired distinctiveness for 3D marks. The Supreme Court (highest appeal Court) has recently overturned a verdict of IP court by rejecting BIC s applications for 3D marks for its lighters and pens. Coca Cola has also failed to register 3D marks for its bottles. We have previously attempted to register 3D trade marks for bottle shapes for clients producing alcoholic beverages and se meet with constant rejection on grounds that shapes represent goods. Page 7 of 7