Despite the recent popularity surge in old technological phenomena, with Nintendo’s Pokémon being ubiquitous on small hand-held screens again, and Nokia having relaunched – to widespread excitement - its iconic 3310 phone, it is not always easy for tech giants to hold on to past products and features in the hope of one day re-marketing […]
Audi Drives the A-One Out of Singapore
In a bid to bolster its intellectual property portfolio in Singapore, German car manufacturer Audi (‘the applicant’) recently succeeded partially in the revocation of a device mark in Audi AG v Lim Ching Kwang. At the hearing before the Intellectual Property Office of Singapore (IPOS), the applicant had applied for both revocation of Mr Lim […]
Singapore: No Snap Judgment on Similarity of Marks
The recent opposition matter between two mobile software application manufacturers before the Intellectual Property Office of Singapore (IPOS) of Apptitude Pte Ltd v. MGG Software Pte Ltd was a battle for trademark rights in an expanding niche market. In ultimately failing on all grounds of its opposition, Apptitude’s (the opponent) case showed that important criteria […]
No Break Given to Nestlé in Kit Kat Shape Mark Appeal in Singapore
A Kit Kat bar, with its two-finger and four-finger breakable wafers coated with chocolate, is surely one of the most famously-shaped food items that one could enjoy at a local store almost anywhere around the world to ‘have a break’ – as the product’s tagline goes. Yet, in the conclusion of a long-running dispute, Nestlé […]
The Swiss Don’t Miss in Malaysian Geographical Indications Dispute
The apex court of Malaysia – the Federal Court – recently provided its grounds of judgment in Chocosuisse Union Des Fabricants Suisses De Chocolat, Kraft Food Schweiz AG and Nestlé Suisse SA v. Maestro Swiss Chocolate Sdn. Bhd. The decision centred primarily on the tort of extended passing off and the Geographical Indications Act. […]
Singapore Trademark Cases: Use It or Lose It-When Online Use Is Not Enough
Festina Lotus S.A (Proprietor) is the registered proprietor of the FESTINA mark. While the Proprietor does not have any business presence in Singapore, it claimed to have offered goods for sale online through various third-party websites, namely www.bodying.com, www.watchshop.com and in particular, www.brandsfever.com (Brandsfever), which is accessible by Singapore consumers. The Proprietor furnished evidence of […]
Singapore Trademark Cases: Honest Concurrent Use of Marks
A previously unreported decision of the Principal Assistant Registrar (PAR) from October 2015 has provided guidance to brand owners on two points. First, it assists in providing the threshold of what amounts to “honest concurrent use” in Singapore. Secondly, it establishes that once the applicant manages to prove honest concurrent use, the Registrar shall not […]
Singapore Mirandah cases, Trademark cases: USPA Scores a Win in Polo Case
The High Court of Singapore has clarified the factors to be taken into account in the determination of likelihood of confusion, while adopting a rather novel approach to the consumer perception factor in a decision involving a trademark application for eyewear. Polo/Lauren Co LP v. United States Polo Association [2016] SGHC 32, Mar. 8, 2016. […]
Singapore Trademark Infringement cases -The Own Name Defence is Often no Defence at All
In The Audience Motivation Company Asia Pte Ltd v. AMC Live Group China (S) Pte Ltd, the Singapore Court of Appeal, in a ruling dated April 21, 2016, found in favour of the appellant, thus overturning a decision by the High Court which had dismissed the appellant’s (who was the plaintiff in the earlier suit) […]
Singapore Mirandah and Trademark cases: CAESARSTONE Prevails over CAESAR
On March 29, 2016, the High Court of Singapore overturned the Intellectual Property Office of Singapore’s (IPOS’s) decision to refuse registration of Caesarstone Sdot-Yam Ltd’s mark CAESARSTONE for goods in Class 19. Appellant’s Mark Respondent’s Mark The respondent, Ceramiche Caesar SpA, had a prior registration in Class 19 for goods including […]