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 […]
Tag: passing-off
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 […]
SINGAPORE: Founding Family Keep Trademark Rights to ENG’S Famous Noodle Shop
The Intellectual Property Office of Singapore decided in June 2022 that a deceased noodle shop operator’s children can register trademarks relating to their late father’s shop, in the face of opposition from their father’s former business partner. Ng Ba Eng operated a noodle business from 1962 until his death in 2013. In the 1980s, Ng […]
Twitter, Inc. v. V V Technology Pte Ltd [2022] SGIPOS 4
A recent decision shows the importance of consumer perception of economic linkages to the likelihood of confusion inquiry. VV Technology Pte Ltd (the applicant) had already registered its mark for goods and services under other classes that overlapped with the opponent’s mark. The applicant then sought to register its mark under Class 42 for several services […]
SINGAPORE: Distinctive Elements Play Key Role in Distinguishing Marks
The recent case involving “Dr. Wolff’s Vagisan” illustrates the importance of distinguishing a mark from similar, existing marks by adding distinctive elements in the mark applied for. The parties, Dr. August Wolff GmbH & Co. KG Arzneimittel (the applicant) and Combe International Ltd (the opponent) had been engaged in a prior invalidation proceeding. The opponent […]
Nippon Paint (Singapore) Co. Pte. Ltd., and opposition thereto by Warrior Pte. Ltd.
These opposition proceedings relate to a dispute on the trademarks between an established supplier of adhesive products for industrial purposes (Nippon Paint (Singapore) Co. Pte. Ltd., or the applicant) and a relatively new entrant into the market (known as Warrior Pte. Ltd., or the opponent). The opponent is a Singaporean company which specializes in developing […]
SINGAPORE: Model Numbers Remain Just That
The following decision concerns the use of model numbers as trademarks and the strength of such trademarks. Nippon Paint (Singapore) Co. Pte. Ltd (the applicant) applied to register NW1 under trademark No. 40201909725V in International Class 1. Warrior Pte Ltd (the opponent) opposed the application on September 12, 2019, relying on its earlier registered marks, […]
SINGAPORE: Decision Illustrates the Importance of Pre-Filing Searches
A recent case concerning two conflicting trademarks illustrates the importance of conducting pre-filing searches for existing and similar marks. Dr. August Wolff GmbH & Co. KG Arzneimittel (the proprietor) owned the VAGISAN trademark (the subject mark) registered in Singapore under registration No. T1206670G in Classes 3 and 5. On November 14, 2017, Combe International Ltd […]
Highlights of Changes to the Malaysian Trade Marks Act
We are excited to share with you the highlights of the changes to the Malaysian Trade Marks Act (“Amended TMA”) which is currently tabled for its third and final reading before the Malaysian Parliament when it sits in October 2019. The salient features of the Amended TMA are as follows: 1. Accession to the Madrid […]