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 […]
Swatch AG v. Apple Inc.
This decision serves as a reminder that when opposing a trademark on bad faith, opponents and their lawyers should remain disciplined in crafting pleadings and submissions. Swatch opposed the registration of the word mark “THINK DIFFERENT” (application mark), which Apple applied for on September 12, 2018, in Class 9, alleging that Apple applied for the […]
Indonesia – Launch of Automatic Approval of Trademark Renewal
The Automatic Approval for Trademark Renewal (“POP Merek”) was launched by the Directorate General of Intellectual Property (DGIP) on 30 October 2022. POP Merek simplifies the renewal process of trademark, and renewal applications meeting the formality requirements can expect to receive approval and renewal certificates within ten (10) minutes, as opposed to two (2) to […]
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: 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 […]
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; […]