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Any person claiming to be the proprietor of a trade mark used or proposed to be used by him who is desirous of registering it shall apply in writing to the Registrar in the prescribed manner for registration in Part A or B of the register.

Reason:

McDonald Corporation claims that Future Enterprise's marks were not made in good faith as it has adopted a naming convention of using the prefix Mac follows by a food or beverage descriptive. This is similar to McDonald Corporation naming convention for their products, which McDonald Corporation feels that Future Enterprise is making use of similar naming convention to promote their products.

Section 15:

It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous design.

Reason: McDonald Corporation claims that the naming convention and the using of the prefix Mac adopted by Future Enterprise would likely to deceive or cause confusion among the public. McDonald Corporation feels that the consumers may be misled thinking that Future Enterprise's mark is a series of mark belonging to McDonald Corporation.

Section 23(1):

Except as provided by section 25, no trade mark shall be registered in respect of any goods or description of goods that is identical with or nearly resembles a trade mark belonging to a different proprietor and already on the register in respect of:

The same goods;

The same description of goods; or

Services or a description of services, which are associated with those goods or goods of that description.

Reason:

McDonald Corporation claims that Future Enterprise's mark is identical and has a near resembled to their trademark. McDonald Corporation also claims that Future Enterprise's marks are associated with their goods in respect of restaurant and catering services as McDonald Corporation regards Food and Beverages is associated with hotel or restaurant service.

Common Law Involved: (Refer to appendices Section A, A: 2 for definition of Common Law)

There are quite a number of Common Laws involved in our case study, we will look into the major cases that are referred to in corresponding to the different sections of Trade Mark Act that are involved. (Refer to appendices Section A, A: 3 for other cases referred (Common Laws)

Case refers corresponding to Section 12: (Refer to appendices Section A, A: 4 for the summary of the case)

Tiffany & Co v Fabriques de Tabac Reunies SA [1999] 3 SLR 147 (folld)

McDonald Corporation referred to the mentioned case as a support to enhance the claim that Future Enterprise's mark is not made in good faith, claiming that Future Enterprise was making use of the prefix Mac to promote their products to the public through the association to McDonald Corporation. Case refers corresponding to Section 15: (Refer to appendic本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。