w w w . x e .s . c x

One of the beauty of being in practice is the different people you will meet. You will be amazed, how dumb and helpless a person will become when he/she is desperate.

I had this client, S. S has my mobile phone number. Yeah, thanks to my clerk who don’t really understand my “Don’t give my phone number to the client” policy. S’s wife had just passed away so he wanted us to extract a Probate Certificate from the Court. It’s a simple lar…real simple one. All i need to do is make sure that all the Cause papers are in order and i would be able to get the Grant of Probate. The day before the hearing, S wanted to know what would happen during the trial. So i brief him…

“Mr. S very simple only. I will tell the Registrar that all our papers are in order and we will get the Grant of Probate.”

Sound simple right. IT’S DAMN SIMPLE LAR! GOD DAMN IT! Apparently, S was still very worry. He was worried that i could not wake up for the hearing. He sms-ed me at 7pm.

“Frank, Remember my Probate hearing tommorow morninig. Thanks”
He was worried that i didn’t leave my house early and hence stuck in the jam. He sms-ed me at 8am

“Frank, are you in Shah Alam Court yet?”

8am lar! The hearing don’t start until 9am.

Fine enough. I appreciate his kind reminders. As usual, i arrived and parked my car in Shah Alam Court at 8.30am. He said that he would be there around that time as well. I waited and waited…no sign of Mr. S and his two Petitioners.

At 9.30am, i called him…

“Mr.S, where are you?”

“I am stuck in the jam lar?.”

So much for all the reminders to me, Mr. S?

Finally he came at 9:45am and we got the Probate.

Then after, the nightmare starts…he would sms me every two or three days to ask me to extract the Certificate from the Court. Comon man, i am only human and the Court don’t work for him. I tried my best.
Later on, i changed my number. Mr. S could no longer sms me anymore. Instead he CALL my office…

“Why everytime i call you, you always tell me that you are chasing the Court for my Cert but no News one?”

“I am really chasing them hard.”

“Yeah but not good enough. You kept telling me the same thing everytime i call you.”

Bugger that is the truth, wah. What do you want?

Then he went on to give me stupid one liner…

” Serionsly Frank. If i am a rapist, i would like my case to be delayed as long as the year of 2020. But I AM NOT.”

Sorry Mr.S, i didn’t graduate from Hogwart, School of Wizardary and Witchcraft. I cannot jinx the Court staff when they refuse to work fast.

I work in the Intellectual Property Department in one of the law firms in Kuala Lumpur. Unfortunately, I will not reveal my firm’s name here due to the fact I wish to remain anonymous (though posting my own photos doesn’t help!). Frank and I are worried that one day we’ll get into trouble for things we posted here 😀

Anyway, a basic Intellectual Property FAQ.

Have you ever wondered why some trademarks have the sign ™ and some on ®?
Wikipedia explains the difference..
The use of the ™ symbol next to a trademark, usually in the top right-hand corner, means that the trademark owner claims certain exclusive rights in relation to that trademark. Although this symbol only denotes that the owner holds unregistered trade mark rights, such rights can be enforced by way of an action for passing off.
The ® symbol is used to denote that a trademark has been registered with the government trade marks office or registry of a particular country or jurisdiction. Upon registration a trademark can be enforced by way of an action for infringement.

For example..

HSBC is a registered trade mark hence they can sue anyone who infringes (i.e. uses a mark which is identical or resembling as it is likely to deceive or cause confusion in the course of trade) their trade mark.

HSBC definitely can sue this bugger for infringement/passing off..
Bank not amused by abbreviation use
BY ROYCE CHEAH

KUALA LUMPUR: The next time you drive around Bangsar and see a bright yellow sign with the letters “HSBC”, do not mistake it for the financial institution with the tag line “The world’s local bank”.

The sign is actually for a restaurant, and the “HSBC” abbreviation stands for Hot & Spicy Bangsar Cuisine.
When met by The Star, owner N. Mangaladavi said that the bank was not amused, initially.

“I thought spicy food and banks didn’t have anything in common, but the bank’s management visited this restaurant soon after it opened in 2001 and sent me legal letters asking me to change the name and logo,” she said.

WHAT’S IN A NAME?:

S. Nadarajah, one of the owners of the restaurant, welcoming customers to the eatery in Bangsar, Kuala Lumpur, yesterday.

But the 65-year-old businesswoman maintained that she had done nothing wrong and said the bank had not bothered her at all after the initial visit.

“However, I still wanted to use the name because I felt that food and banks had nothing in common.
“So after the visit, my son went to the Intellectual Property Corporation of Malaysia (Myipo) office and applied for our restaurant to be registered as the owners of the “HSBC” name under Class 43 (services for food and drink),” she said.

She added that this was done in 2002.

On April 28, she received a letter from Myipo stating that her application had beenrejected by them.
Checking with Myipo, it was learnt that the restaurant’s application was rejected because the name was “likely to deceive or confuse the public”.

A Myipo spokesman said it was wrong for the restaurant to want to use that name, and that HSBC bank had the right to take the owners to court.

The restaurant, which serves Chinese food, has since prospered and says that some HSBC bank staff also frequent it often.

When contacted, HSBC bank declined to comment.
http://thestar.com.my/news/story.asp?file=/2005/8/18/nation/11788781&sec=nation