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 […]

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. […]

SINGAPORE: Decision Illustrates the Importance of Pre-Filing Searches

A recent case concerning two conflicting trademarks illustrates the importance of conducting pre-filing searches for existing and similar marks. Dr. August Wolff GmbH & Co. KG Arzneimittel (the proprietor) owned the VAGISAN trademark (the subject mark) registered in Singapore under registration No. T1206670G in Classes 3 and 5. On November 14, 2017, Combe International Ltd […]

SINGAPORE: New Intellectual Property Bill Heralds Significant Reform to IP Landscape

Legislative amendments bringing broad-ranging reform to the intellectual property (IP) regime in Singapore were tabled before lawmakers in early July 2019, following public consultations in July 2017 and August 2018. At present, IP disputes are heard in multiple fora including the Intellectual Property Office of Singapore (IPOS), the Singapore State Courts, or the High Court […]

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 […]