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 […]
Sociedad Anonima Damm v Hijos De Rivera, S.A. [2022] SGIPOS 6
The Applicant, Hijos de Rivera, S.A. and the Opponent, Sociedad Anonima Damm are beer producers based in Spain. Both parties co-exist in Spain, Europe and UK, but as they grew beyond those territories they began to get embroiled in disputes. The Opponent registered its word mark “ESTRELLA DAMM” (“Registered Mark”) in Singapore in 2011, beginning […]
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 […]
Daimler AG v. Vivo Mobile Communication Co., Ltd.
The case concerns an opposition in Singapore by Daimler AG (the opponent) to a trademark application by Viva Mobile Communication Co. (the applicant) to register (the application mark). The opponent had opposed the application on two grounds: namely, Sections 8(2) (b) and 8(7)(a) of the Trade Marks Act (Cap 332, 2020 Rev Ed) (the act). […]
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: Use It or Lose It
A recent decision by the Intellectual Property Office of Singapore issued on September 22, 2021, shed light on the use of a registered trademark, as well as the ways in which a trademark owner can depend on its consent to a separate third party’s use of its trademark to prove genuine use. Unilever PLC (the […]
SINGAPORE: An Entirely Different Beast
A recent opposition by Monster Energy Company (the opponent) against a trademark application filed by Health and Happiness (H&H) Hong Kong Limited (the applicant) is one of the very rare instances whereby the opponent relied on its earlier trademarks for goods to oppose an application for services. The applicant applied to register NOISY BEAST in […]
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, […]