Publications

SINGAPORE: Registrar Is Unconvinced by Similarity and Bad-Faith Allegations

This decision shows that a high threshold of proof is required to be successful in trademark similarity and bad-faith allegations. Despite two competing marks sharing the same word, stylistic and emphatic differences can render them dissimilar. Even in those circumstances, sufficient distinction between those marks remains commercially acceptable and can rebut an allegation of bad […]

SINGAPORE: Infringement Claim Rejected and Mark Expunged Due to Unacceptable Behavior

In a recent case, the relationship between the two parties was crucial to ascertaining that an application was made in bad faith and claimant’s conduct “did not meet the acceptable commercial behavior observed by reasonable and experienced men.” In its decision issued on September 16, 2022, the court dismissed the claimant’s infringement claim in its […]

Singapore: Corporate names, domain names and social media handles serve as evidence towards trademark use

The applicant, Floor Xpert Pte Ltd sought to register (the subject mark) under, amongst others, Class 37 for certain services in relation to flooring and maintenance. The applicant claimed that the subject mark had acquired distinctiveness from usage. The trademark examiners were not persuaded by the evidence submitted to this end. In particular, the evidence of acquired […]

SINGAPORE: Examiner Rejects “PARTY LIKE GATSBY” Mark for Lack of Distinctiveness

Slogans are useful tools in brand advertisements. However, as they often consist of ordinary words and phrases which are laudatory in nature, slogans generally do not meet the distinctiveness requirement for purposes of trademark registration in the absence of evidence of use. The following recent case reminds us of this. Arangur UG (haftungsbeschrankt) (applicant) applied […]

Singapore: Dispute over trademark rights to famous “Eng’s” noodle shop decided in favour of late founder’s heirs

A June 2022 decision by the Intellectual Property Office of Singapore (IPOS) provided a first instance ruling for a trademark dispute pertaining to the name of a famous noodle shop in Singapore. The IPOS adjudicator ruled that the late noodle shop operator’s children had a right to register trademarks pertaining to the name of their […]

New Regulatory Authority Created to Regulate and Oversee Gambling in Singapore

Newly enacted legislations in Singapore have established a single regulatory authority for all forms of gambling, and have updated gambling regulations to protect the country from potentially harmful emerging trends. Establishment of the Gambling Regulatory Authority The Gambling Regulatory Authority of Singapore Act (“GRA Act”) which came into force 1 August 2022 has tasked the […]