In a recent case, the relationship between the two parties was crucial to ascertaining that an application was made in bad faith and claimant’s conduct “did not meet the acceptable commercial behavior observed by reasonable and experienced men.” In its decision issued on September 16, 2022, the court dismissed the claimant’s infringement claim in its […]
Publications
Singapore: Corporate names, domain names and social media handles serve as evidence towards trademark use
The applicant, Floor Xpert Pte Ltd sought to register (the subject mark) under, amongst others, Class 37 for certain services in relation to flooring and maintenance. The applicant claimed that the subject mark had acquired distinctiveness from usage. The trademark examiners were not persuaded by the evidence submitted to this end. In particular, the evidence of acquired […]
What Constitutes Loss or Damage under the Singapore PDPA
In this landmark judgment, the Court of Appeal (“SGCA”) clarified the scope of the right of private action under the Personal Data Protection Act 2012 (“PDPA”). A private action is available to a victim who suffers emotional damage due to his or her personal data being misused. The SGCA overturned the decision below and held […]
Singapore: Importance of the use of a registered mark in a revocation action
In Singapore, a registered trademark may be susceptible to cancellation if it has not been used within five years from completion of registration, or if such use has been suspended for a continuous period of five years or more. The following case is a reminder. Comfort Lab Inc., also known as Kabushiki Kaisha Comfort Lab […]
Thailand’s New Customs Recordation Procedures for Trademark and Copyright - Inspection Request on a case-by-case basis
In this last instalment on Thailand’s new customs recordation procedures, please note that addition to the general customs recordation, an Inspection Request may also be filed on a case-by-case basis should the trademark and copyright owners (“IP owners”) suspect any importing, exporting, or transiting goods to be infringing their IP rights. Upon verification of the […]
SINGAPORE: Examiner Rejects “PARTY LIKE GATSBY” Mark for Lack of Distinctiveness
Slogans are useful tools in brand advertisements. However, as they often consist of ordinary words and phrases which are laudatory in nature, slogans generally do not meet the distinctiveness requirement for purposes of trademark registration in the absence of evidence of use. The following recent case reminds us of this. Arangur UG (haftungsbeschrankt) (applicant) applied […]
Singapore: Dispute over trademark rights to famous “Eng’s” noodle shop decided in favour of late founder’s heirs
A June 2022 decision by the Intellectual Property Office of Singapore (IPOS) provided a first instance ruling for a trademark dispute pertaining to the name of a famous noodle shop in Singapore. The IPOS adjudicator ruled that the late noodle shop operator’s children had a right to register trademarks pertaining to the name of their […]
New Regulatory Authority Created to Regulate and Oversee Gambling in Singapore
Newly enacted legislations in Singapore have established a single regulatory authority for all forms of gambling, and have updated gambling regulations to protect the country from potentially harmful emerging trends. Establishment of the Gambling Regulatory Authority The Gambling Regulatory Authority of Singapore Act (“GRA Act”) which came into force 1 August 2022 has tasked the […]
Thailand’s New Customs Recordation Procedures for Trademark and Copyright - Requirements
Further to our recent post on the reversal of administration of customs recordal to the Royal Thai Customs Department (“Customs”), trademark and copyright owners (“IP owners”) who wish to file customs recordation should take note of the following requirements: Recordation of Registered Trademarks Appointment of a local agent, if the IP owner is a foreigner; […]
SINGAPORE: Founding Family Keep Trademark Rights to ENG’S Famous Noodle Shop
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 […]