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Common "Rooster" Stays Alive

March 2010 - Intellectual Property. Legal Developments by Drew & Napier LLC .

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The first defendant was the proprietor of two “Rooster” trade marks, one registered in Singapore covering cordyceps, and the other registered in China. The background of its proprietorship of both marks is set out as follows:

(a) The Qinghai branch of China National Cereals, Oils & Foodstuffs Corp (“Qinghai Cofco”) applied on 29 October 1985 to register the “Rooster” mark in China (“the China mark”). The China mark was assigned to Qinghai Meheco, and thereafter to the first defendant.

(b) Qinghai Meheco applied to register the “Rooster” mark in Singapore on 6 September 1995 (“the ROOSTER mark”). The ROOSTER mark was subsequently assigned to the first defendant.

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