Introduction Burberry Limited and Louis Vuitton Malletier (“Appellants”) failed in their action against Megastar Shipping Pte Ltd (“Respondent”), a freight forwarder providing transhipment services for trademark infringement (Civil Appeal No. 237 and 238 of 2017 respectively). Background The goods in question were counterfeit luxury goods in two sealed containers and were being shipped from China […]
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SINGAPORE: The Patissier Delivers a Bitter Chocolate for Aalst to Swallow
In a decision dated April 9, 2019, Aalst Chocolate Pte Ltd (applicant) unsuccessfully challenged the validity of a trademark registration for a stylized version of the words “The Patissier” (the subject mark). Aalst Chocolate Pte Ltd v. The Patissier LLP [2019] SGIPOS 7. The applicant is a Singaporean chocolate manufacturer and exporter. The Patissier LLP […]
SINGAPORE: Prerequisites for Marks with Foreign Words or Characters
As of April 15, 2019, trademark applicants in Singapore are no longer required to provide a translation and/or transliteration of foreign words and/or characters that appear in their marks. The Intellectual Property Office of Singapore released Circular No. 4/2019 stating, “This process will be automated and applicants need only to enter all the words and/or […]
SINGAPORE: Guess? Inc.’s Inverted Triangle Found to Be More Dissimilar Than Similar to Applicant’s Mark
The Intellectual Property Office of Singapore issued its decision on February 27, 2019, rejecting Guess? Inc.’s (opponent) opposition to a triangle device mark, holding that it is more dissimilar than similar to the opponent’s earlier marks and that it would not cause confusion. Guess? Inc. v. Jen, Chi, [2019] SGIPOS 3. The opponent’s brand was […]
SINGAPORE: Decision Finds Jewelry Mark Containing ‘Love’ Is Distinctive
In a decision handed down on December 20, 2018, in MoneyMax Jewellery Pte. Ltd v. Cartier International AG, [2018] SGIPOS 22, the opponent, Cartier International AG, unsuccessfully opposed the registration of a mark by the applicant, MoneyMax Jewellery. The opponent initiated trademark opposition proceedings at the Intellectual Property Office of Singapore (IPOS) on July 28, […]
Well Known Trademark Pierre Cardin Loses Final Battle in Indonesia Court
The long running dispute between Pierre Cardin (“Plaintiff”) and Alexander Satryo Wibowo (“Defendant”) finally reached its conclusion on 28 June 2018 (Supreme Court Decision No. 49 PK/Pdt.Sus-HKI/2018). The Plaintiff filed for a cancellation action against the Defendant for the registered trademarks PIERRE CARDIN wordmark and PIERRE CARDIN device in class 3. The grounds were (1) […]
The Proposed Draft Geographical Indications Act in Singapore
A geographical indication (“GI”) can be understood to be a sign which when applied to products corresponds with a particular geographical origin attributing certain essential and peculiar qualities or reputation to such products. In essence, a GI performs the function of being an indicator of certain characteristics or reputation or certifying adherence to traditional/ distinctive […]
SINGAPORE: IP Office Emphasizes Understanding of Average Consumer in Assessing Similarity
In Monster Energy Company v. NBA Properties, Inc. [Sept. 5, 2018] SGIPOS 16, Monster (the opponent) unsuccessfully opposed registration of NBA’s (the applicant’s) composite mark comprising a circular device bearing the words TORONTO RAPTORS at the Intellectual Property Office of Singapore (IPOS). The opponent relied on its claw device and composite device against NBA’s application. […]