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In <i>Amanresorts Ltd v Novelty Pte Ltd</i>, the High Court of Singapore has, for the first time, recognized a trademark as being well known in Singapore. Based on this finding, the court granted injunctive relief to the plaintiffs pursuant to Section 55(3)(a) of the Trademarks Act.
29 May 2007
The Singapore High Court has held that proprietorship of a trademark based on prior use is merely a default right under common law, which can be removed by an agreement concerning the right to register the mark. In the case at hand, the court found that the defendant had not registered the WARMAN mark in bad faith, even though the plaintiff had been using the mark in Singapore for much longer.
22 May 2007
The amendments to the Singapore Trademarks Act 1998 introduced among other reasons to comply with the Singapore Treaty on the Law of Trademarks, will come into force on July 1 2007. The main changes include the introduction of a multi-class system and the possibility to divide a trademark application.
11 May 2007
In a landmark decision relating to McDonald's Corporation's opposition against the registration of the mark MACCOFFEE, the Singapore Court of Appeal has ruled that an appellate court should not disturb the findings of fact of a trademark tribunal, except where there is a material error of principle.
10 April 2007
On March 26 2007 Singapore became the first member of the World Intellectual Property Organization to deposit its instrument of ratification for the Singapore Treaty on the Law of Trademarks. The Singapore Trademarks Act was also subsequently amended to give effect to the treaty.
04 April 2007
The Singapore Trademarks Registry has refused Société des Produits Nestlé SA's application, under the Madrid Protocol, to register the three-dimensional shape of a red mug as a trademark for coffee in Singapore. Among other things, the registrar concluded that the mark was devoid of distinctive character and the evidence of use provided was for a two-dimensional, as opposed to three-dimensional, mark.
12 March 2007
The Singapore Parliament has passed the Trademarks Amendment Act, which introduces changes in respect of the recordation of transactions. Under the Trademarks Act 1998, only transactions relating to registered trademarks were recordable. The amendment act provides that licences, assignments and security interests in respect of an application for a trademark may also be recorded.
05 March 2007
The High Court of Singapore has overturned in part a registrar's decision in relation to an opposition against the registration of the mark JWEST for goods in Class 25 of the Nice Classification. Although the court upheld the earlier finding that the application had been filed in bad faith, which was sufficient for the opposition to succeed, it did not consider the mark to be confusingly similar to an earlier JEFFERY-WEST mark for similar goods.
21 February 2007
In <i>Johnson & Johnson v Uni-Charm Kabushiki Kaisha (Uni-Charm Corporation)</i>, the Singapore High Court has overturned an earlier decision and has allowed Johnson & Johnson's opposition against the registration of the mark CAREREE for incontinence products. The court reasoned that the mark was likely to cause confusion with Johnson & Johnson's CAREFREE mark used for feminine hygiene products.
30 January 2007
In <i>QB Net Co Ltd v Earnson Management (S) Pte Ltd</i>, the High Court of Singapore has examined, among other things, the plaintiff's claims of inverse passing off and breach of confidence against the defendants in relation to a system of operation for 10-minute haircut salons. Dismissing the inverse passing off claim, the court held that the plaintiff had failed to establish goodwill in its system for hair salons.
23 January 2007
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