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. […]

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 […]

SINGAPORE: Guess? Inc.’s Inverted Triangle Found to Be More Dissimilar Than Similar to Applicant’s Mark

The Intellectual Property Office of Singapore issued its decision on February 27, 2019, rejecting Guess? Inc.’s (opponent) opposition to a triangle device mark, holding that it is more dissimilar than similar to the opponent’s earlier marks and that it would not cause confusion. Guess? Inc. v. Jen, Chi, [2019] SGIPOS 3. The opponent’s brand was […]