This decision from the High Court in Singapore, issued on November 23, 2022, illustrates the delicate balance a tribunal must undertake when assessing the similarity between two device marks. The High Court in Singapore set out the proper approach to understanding and applying the concepts of distinctiveness, and visual and conceptual similarity. VV Technology appealed […]
SINGAPORE: No Use Crying Over Spilled Milk
This decision recaps and applies the case law surrounding the marks-similarity enquiry. A2 filed a consolidated opposition against Nestlé’s trademarks (Trademark Application No. 40201926155W) and (Trademark Application No. 40201907176S) (collectively, the Application Marks), relying on A2’s own registered trademarks for . A2 unsuccessfully argued that a likelihood of confusion would arise between A2’s trademarks and the Application Marks, […]
SINGAPORE: TATA SONS Loses Trademark Challenge for Lack of Confusion
When the proprietor of an earlier trademark has established goodwill in a different industry from a competing trademark, it is less likely that confusion can be established under the Trade Marks Act, that is, that using a newer trademark would indicate a connection between the applicant’s goods and services and those of the earlier mark’s […]
SINGAPORE: Registrar Is Unconvinced by Similarity and Bad-Faith Allegations
This decision shows that a high threshold of proof is required to be successful in trademark similarity and bad-faith allegations. Despite two competing marks sharing the same word, stylistic and emphatic differences can render them dissimilar. Even in those circumstances, sufficient distinction between those marks remains commercially acceptable and can rebut an allegation of bad […]
SINGAPORE: Infringement Claim Rejected and Mark Expunged Due to Unacceptable Behavior
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 […]
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 […]
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 […]
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 […]
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 […]