In Singapore, a registered trademark may be susceptible to cancellation if it has not been used within five years from completion of registration, or if such use has been suspended for a continuous period of five years or more. The following case is a reminder. Comfort Lab Inc., also known as Kabushiki Kaisha Comfort Lab […]
Tag: registered trademark
SINGAPORE: Registrar Rejects Daimler’s Similarity and Passing-Off Claims
In a decision of February 9, 2022, Daimler AG (opponent) failed in its opposition action against Vivo Mobile Communication Co., Ltd (applicant) on grounds of similarity and passing off. The opponent lost principally due to a lack of evidence of use of its mark as registered and, thereby, lack of goodwill in its mark. This […]
SINGAPORE: Way Off!
An application by S. C. Johnson & Son, Inc. (applicant) to invalidate Off-White LLC’s (the proprietor’s) registered trademark on the grounds of similarity, well-known mark status, and passing off was adjudged to fail by the IP adjudicator in his decision, rendered on December 15, 2021. His decision bears highlighting as it underscores how, when considering […]
SINGAPORE: Ferrero Rocher—An (Unprotected) Shape Without a Name
Ferrero S.p.A. (the applicant) applied to register a 3D mark in Class 30 (under International Registration number 1199758) in Singapore (Trade Mark No. T1406403E) (application mark). The mark was described as “a coordinated packaging design, consisting of a crinkled gold foil spherical wrapping, in a brown pleated designed cup-holder with two gold lines. The combination […]