A first successful mediation under the WIPO-Singapore ASEAN Mediation Programme (“AMP”) saw parties amicably settling their dispute in October 2023. Both disputants’ primary business was in eyecare and eye examination. The matter concerned the use of Chew’s Optics (“Party A”)’s registered trade mark(s) under Class 35: Party A had already been utilising the said trade […]
Publications
Singapore – Trademark Laws & Generative-AI
In the age of Artificial Intelligence (“AI”) proliferating, disruptions are experienced across industries including service and media. Generative AI (or “GenAI”) is also interluding in the realm of intellectual property (“IP”). Trademark laws, among other IP Laws, are facing new challenges and complexities and require fresher perspectives for improving brand protection, especially in countries like […]
A different Monster
This decision arose from Monster Energy Company’s opposition against the registration of the Application Mark “GENTLE MONSTER” (a word mark) by IICOMBINED Co., Ltd, in Class 9 for “smartglasses”, on the following grounds: That the Application Mark is confusingly similar to its “MONSTER ENERGY” marks, one of which was registered in 2014 in Class 9; […]
AMENDMENTS TO TRADEMARK IN CIRCULAR NO.23/2023/TT-BKHCN
Further to the numerous changes introduced via Decree 65 on 23 August 2023 (https://www.mirandah.com/vietnam-updates-in-trade-mark-law/), the Vietnamese Government has on 30th November 2023 issued Circular No.23/2023/TT-BKHCN (hereinafter “Circular 23”) making more amendments to the Vietnam Intellectual Property (“IP”) laws, aimed at providing guidance for implementation, and aligning IP practice as a result of changes to the […]
India- High Court sheds light on the use of trademarks as keywords in ads
One of the most widely used approach by organizations to boost their online visibility is promoting their business by using keywords in the Google Ads Program. In a recent decision, the Delhi High Court had to consider and decide whether the use of a registered trademark as a keyword, constitutes infringement. MakeMyTrip (India) Private Limited […]
ASEAN – Launch of Official Intellectual Property Register
On 20th August 2023, ASEAN, having collaborated with the World Intellectual Property Organization (WIPO), officially launched the ASEAN Intellectual Property Register (“ASEAN IP Register”). This ASEAN IP Register is intended to act as a consolidated one-stop information portal that allows IP professionals and interested parties to conduct trademark, patent, and design searches from all 10 […]
Classical trinity of passing off analyzed
The Intellectual Property Office of Singapore (IPOS) decision in ZERODENSITY YAZILIM ANONIM SIRKETI v. Novel Brands USA LLC clarifies the law of passing off in Singapore and discusses the “classical trinity” test in establishing passing off. Background Novel Brands USA LLC (the applicant) is a company incorporated in Delaware, United States. The applicant had designated […]
SINGAPORE: Prosecco, Geographical Indications, and the Likelihood of Deception
In this decision, the Court of Appeal held that sufficient evidence must be shown to demonstrate that a geographical indication (GI) was likely to deceive the Singaporean buyer as to the source of the product that the GI denotes, so as to render that GI unregistrable. The decision was issued on November 8, 2023. The appellant […]
THE WELL-KNOWN STATUS OF TRADEMARK CAN BE A DETERMINING FACTOR IN THE SUCCESSFUL LAWSUIT CONCERNING TRADEMARK INFRINGEMENT, EVEN IF THE GOODS/SERVICES ARE IN DIFFERENT CLASSES
The recognition of a trademark can determine the success of canceling a trademark that has actually been registered earlier in the territory of Indonesia. This was demonstrated by Starbucks Corporation against Sumatra Tobacco Trading Company (“STTC”), one of the local conglomerate companies. In October 2023, STTC filed a Judicial Review of a Cassation Decision that […]
IPOS Extended Anew Its Patent Acceleration Initiative under ASPEC AIM Programme
The Intellectual Property Office of Singapore (IPOS) has recently further extended its patent acceleration program, the ASPEC Acceleration for Industry 4.0 Infrastructure and Manufacturing Pilot (ASPEC AIM) Programme until 26 August 2025. This extension allows patent applicants in the ASEAN region to continue benefiting from an accelerated examination procedure for their Industry 4.0 inventions. ASPEC […]