Singapore: A Shining Example of Passing Off

The following decision issued on April 2, 2020, appears to go against Singapore’s first-to-file system and highlights the fact that prior rights (if any) in Singapore can be protected under the tort of passing off under the Trade Marks Act (TMA). Golden Cala Trading EST (applicant), incorporated in Saudi Arabia, applied to register the LENSME […]

Southeast Asia Update

A roundup of the newsworthy mentions in the Southeast Asian from the first quarter of 2020. Singapore Snagging the headlines in Singapore early March, on top of the COVID-19 coverage, is the nomination of IPOS’ current Chief Executive, Mr Daren Tang, by WIPO’s Coordination Committee, for the position of WIPO Director General. His nomination is […]

Singapore: A-Star Education Discovery Camps Pte. Ltd. v. Discovery Communications, LLC

In a decision billed by the hearing registrar as a “David and Goliath clash”, Discovery Communications, LLC (“Opponent”), a corporate media giant of “Discovery Channel” fame, brought opposition proceedings against the application of A-Star-Education Discovery Camps Pte. Ltd. (“Applicant”) to register the mark “   ” (the “Application Mark”) (Singapore Trade Mark No. 40201714407Q). The Principal […]

Digi mark application fails in Singapore: Teraoka Seiko Co., Ltd v. Digi International Inc. [2020] SGIPOS 1

Digi International Inc. (“the Applicant”) is an American Industrial Internet of Things technology company headquartered in the United States of America founded in 1985. The Applicant applied to protect the trade mark: (“the Application Mark”) in Singapore on 3 March 2016 under International Registration No. 1326111 (TradeMark No. 40201700142X) in Classes 9, 38 and 42. […]

India’s TM Registry will issue ‘Speaking Orders’

In India, IP owners and practitioners have found it difficult to fathom the exact reasons for refusal of registered trade mark applications, owing to the issuance of non-speaking orders by the Registrar of Trade Marks. The Intellectual Property Attorneys Association filed a public interest petition before the Delhi High Court, challenging the non-speaking orders passed […]

Singapore: Applications for declaration of invalidity against trademark registrations Microarch, Sentalloy and Bioforce

This matter involved three invalidation proceedings instituted by Dentsply Sirona, Inc. (the applicant) against Trade Mark Registration Nos. T1301268F for the mark “Microarch”, T1301266Z for the mark “Sentalloy”, and T1301267H for the mark “Bioforce” (collectively, the subject marks) that were registered in the name of Tomy Incorporated (the proprietor). The applicant sought to invalidate the […]

UPDATES TO THE TRADEMARK REGISTRY’S CLASSIFICATION PRACTICES – SERVICE CLASSES

(Circular No. 1/2020, dated 06 January 2020) An update on the classification practices on a number of descriptions/specifications pertaining to service classes was recently announced by the Intellectual Property Office of Singapore (“IPOS”) vide Circular No. 1/2020 dated 6 January 2020. This circular is effective immediately and supersedes directions under previous circulars, affecting retail services; […]