THE WELL-KNOWN STATUS OF TRADEMARK CAN BE A DETERMINING FACTOR IN THE SUCCESSFUL LAWSUIT CONCERNING TRADEMARK INFRINGEMENT, EVEN IF THE GOODS/SERVICES ARE IN DIFFERENT CLASSES

The recognition of a trademark can determine the success of canceling a trademark that has actually been registered earlier in the territory of Indonesia. This was demonstrated by Starbucks Corporation against Sumatra Tobacco Trading Company (“STTC”), one of the local conglomerate companies. In October 2023, STTC filed a Judicial Review of a Cassation Decision that […]

CAMBODIA: New Amendments to Trademark Laws Address Single-Use Applications and Affidavits for Use/Non-Use

The Department of Intellectual Property Rights in Cambodia has updated the country’s trademark law, especially concerning filing and maintenance. It issued two notices—one on August 1, 2023, the other 10 days later on August 11—that dealt with single multi-class applications and affidavits of use/non-use, respectively. The First Notice (No. 2501/R/DIP) The First Notice mandates that […]

Singapore Trademark Applications – Uncommon Grounds of Objections

Brand owners usually take steps to avoid potential conflicts from other similar trademarks and also try to devise marks which are not descriptive in nature. While this is an important pre-filing consideration, there are certain other potential uncommon objections that brand owners should take into consideration before filing their trademark in Singapore. Some of these […]

Singapore – Substantiation of Allegation of Bad Faith May Entitle Tribunal to Declare A Trademark Invalid

Swiss Company Vetements Group AG (the “Applicant”) sought to invalidate the following mark which had been registered in Singapore by a Chinese Company, Xiamen Vetements Brand Management Co., Ltd (the “Registered Proprietor”) for clothing in Class 25. While the Registered Proprietor filed its response to the invalidation application, it did not file its supporting evidence in […]

Fair Isaac Corporation v. LAC Co., Ltd [2022] SGIPOS 19

What happens when a later trademark incorporates an earlier one, especially when many other trademarks on the register incorporate the earlier trademark? This decision explores the applicable principles surrounding trademark oppositions involving such facts. The applicant, a major international cybersecurity corporation, sought to register the application mark . The opponent, whose goods and services included […]

SINGAPORE: Visual Similarity Wins High Court Judgment for Twitter

This decision from the High Court in Singapore, issued on November 23, 2022, illustrates the delicate balance a tribunal must undertake when assessing the similarity between two device marks. The High Court in Singapore set out the proper approach to understanding and applying the concepts of distinctiveness, and visual and conceptual similarity. VV Technology appealed […]

Swatch AG v. Apple Inc.

This decision serves as a reminder that when opposing a trademark on bad faith, opponents and their lawyers should remain disciplined in crafting pleadings and submissions. Swatch opposed the registration of the word mark “THINK DIFFERENT” (application mark), which Apple applied for on September 12, 2018, in Class 9, alleging that Apple applied for the […]

Indonesia – Launch of Automatic Approval of Trademark Renewal

The Automatic Approval for Trademark Renewal (“POP Merek”) was launched by the Directorate General of Intellectual Property (DGIP) on 30 October 2022. POP Merek simplifies the renewal process of trademark, and renewal applications meeting the formality requirements can expect to receive approval and renewal certificates within ten (10) minutes, as opposed to two (2) to […]