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 […]
Singapore: Applications for declaration of invalidity against trademark registrations Microarch, Sentalloy and Bioforce
This matter involved three invalidation proceedings instituted by Dentsply Sirona, Inc. (the applicant) against Trade Mark Registration Nos. T1301268F for the mark “Microarch”, T1301266Z for the mark “Sentalloy”, and T1301267H for the mark “Bioforce” (collectively, the subject marks) that were registered in the name of Tomy Incorporated (the proprietor). The applicant sought to invalidate the […]
SINGAPORE: Harvard Club of Singapore and Its Founders Battle for Trademarks
The Harvard Club of Singapore (opponent) was an official alumni club of Harvard University (formed by the president and fellows of Harvard College (applicant)) whose status was revoked by the applicant due to issues concerning leadership of the club. With the revocation, the applicant withdrew its consent to the opponent’s use of the names “Harvard” […]
SINGAPORE: Principal Assistant Registrar Clarifies ‘Genuine Use’ for Purposes of Maintaining a Registered Trademark
Aussino (USA) Inc. (proprietor) owned the AUSSINO trademark registered under No. T9910601C in Class 24 in Singapore since 1999 (trademark). On July 24, 2018, Aussino International Pte Ltd (applicant) applied to revoke the trademark under Section 22(1)(b) of the Trade Marks Act, alleging that it had not been used from July 2013 to July 2018. […]
SINGAPORE: Registrar Strikes Down Opposition in ‘Minterest’ Case
Minterest Private Limited (applicant) applied to register the trademark MINTEREST (application mark) in Class 36 in Singapore (Singapore Trade Mark No. 40201707514X). The application mark was accepted for publication and was opposed by Intuit Inc. (opponent). The opponent relied on Sections 8(2)(b) and 8(7)(a) of the Trade Marks Act (TMA) in its opposition against the […]
Registrar Dismisses Opposition to 'Wonglo’ Trademark Application
In Multi Access Limited v. Guangzhou Pharmaceutical Holdings Limited [2019] SGIPOS 15, Guangzhou Pharmaceutical Holdings Limited (the applicant), a state-owned enterprise in China, applied for the trademark WONGLO (the application mark) in Singapore on December 15, 2015, under International Registration No. 1297792 (Singapore TM No.40201608455Q) in Classes 5, 30, and 32. The opposition ultimately failed […]
Indonesia: Well-Known Mark Triumphs over Registered Trademark in Indonesia
Dewi Nilasari (appellant), a local entrepreneur, failed to retain proprietary rights to the NOVEC 1230 mark after the Indonesian Supreme Court dismissed her appeal in Decision No. 160 K/Pdt.Sus-HKI/2019 on February 21, 2019. The appellant registered her mark in 2013 in Classes 9 (IDM000487501), 35 (IDM000487594), and 38 (IDM000487620). In 2016, the application by 3M […]
Singapore: Lutong Defeats the Slippery Slope of Adidas
Taiwan-based Lutong Enterprise Corp. and Adidas International Marketing, competitors from different ends of the world, crossed swords over the use of their respective marks before the Intellectual Property Office of Singapore (“Adidas International Marketing BV v Lutong Enterprise Corp [2018] SGIPOS 12”). Adidas is a household brand name that was founded in Germany in 1920 […]
SINGAPORE: Opposition Fails Against Trademark Application by Sumatra Tobacco
In a decision dated April 10, 2019 (CTBAT International Co. Ltd v. N.V. Sumatra Tobacco Trading Company, [2019] SGIPOS 8), CTBAT International Co. Ltd (opponent) failed in its opposition against the registration of trademark application no. 4020151934T (see image below) by N.V. Sumatra Tobacco Trading Company (applicant). Background The opponent filed an application on October […]
Burberry Limited and another v Megastar Shipping Pte Ltd [2019] SGCA 01
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 […]