Apple Inc opposed Xiaomi Singapore Pte Ltd's application to register the trademark MI PAD in Classes 9 and 38. The registrar examined the application pursuant to the Trademarks Act, finding that the mark was aurally and visually dissimilar to Apple’s IPAD mark and that there was no likelihood of confusion.
Van Cleef & Arpels SA, which supplied fine jewellery and luxury watches, was the proprietor of the MYSTERY SET trademark in Class 14 registered for “jewellery, watches”. FMTM Distribution Ltd sought to revoke the mark on the grounds that it had not been put to genuine use and that the mark was descriptive.
Claims that the the mark BIG BOX should be declared invalid ab initio under Sections 7(1)(b) (c) and (d) of the Trademarks Act have failed, after the IP adjudicator considered that the applicant had not succeeded in satisfying the burden of establishing one of the three grounds of invalidation.
In 2016 Caesarstone appealed the decision of the principal assistant registrar to allow an opposition filed by Ceramiche Caesar against an application for its house mark. The High Court upheld the appeal, but the Court of Appeal disagreed with the High Court’s rulings. This decision clarifies that, notwithstanding the differences in length and structure, the distinctive and dominant component of a mark would still be the core consideration in determining similarity.
Time is running out for rights holders to have their say on proposed changes to the Singaporean customs regime. Designed to increase the country’s attractiveness as a transshipment hub, one industry expert has warned that the proposed amendments to the Customs Act could have the opposite effect, and create enforcement gaps that could be exploited by those engaged in counterfeiting and other illicit activities.
In Samsonite IP Holdings Sarl v An Sheng Trading Pte Ltd, the High Court has considered whether the parallel importation of backpacks bearing the trademark SAMSONITE into Singapore, as part of what was called a co-branding agreement, was permitted under the doctrine of exhaustion of rights.
The IP Office of Singapore and Workforce Singapore – an agency under the city-state’s labour ministry – have joined forces to launch a new educational programme aimed at equipping Singaporean professionals with IP-related skills. The introduction of the scheme follows the recent publication of the Singaporean government’s long-term economic plan, in which IP is a central pillar.
The chief executive of the IP Office of Singapore – which is renowned for its ground-breaking approach to trademark services – offers his vision of how its counterparts around the world can transform themselves into innovation agencies
The Intellectual Property Office of Singapore (IPOS) has announced it is slashing trademark filing fees in an effort to “keep them competitive with other countries”, although trademark renewal fees are set to rise “to discourage IP hoarding”. The move comes at a time when IPOS chief executive, Daren Tang, is urging IP offices to evolve beyond simply administrating an IP register.
In Calvin Klein Inc v HS International Pte Ltd, the court has granted a summary judgment against the operator and manager of the website sgbuy4u.com, following Calvin Klein’s claims that marks carried out through the website infringed its CALVIN KLEIN and CK marks on the grounds of double identity. The two remaining defendants in the case have been granted unconditional leave to defend against these claims.
The Court of Appeal has upheld the decision that Nestlé’s two-fingered and four-fingered KIT KAT shape marks lack inherent distinctiveness as they do not represent a significant departure from the norms of chocolate confectionery. The decision emphasises the fact that, unless there is evidence to prove that consumers are accustomed to recognising the shape of a product as a badge of trade origin, even evidence of substantial use is unlikely to assist.
A registrar has allowed Bentley Motor’s application for revocation of Aucera’s BENTLEY mark to succeed on the grounds of non-use. The application was successful largely due to the lack of specificity of the evidence provided by Aucera. The case highlights that proprietors in Singapore should use their registered trademark, otherwise it will be open to challenge by another party.
The High Court has reversed the decision of a registrar and allowed an application for CAESARSTONE to proceed to registration, after considering whether competing marks were similar and whether CAESAR was well known in Singapore.
Trailblazing publicly traded IP law firm Spruson & Ferguson has made its first overseas acquisition with its parent company’s HK$162 million (US$20.9 million) purchase of Hong Kong-based boutique Ella Cheong and subsidiary Ella Cheong Intellectual Property Agency (Beijing). The deal will significantly expand Sprusons’ presence in Asia – a key objective in the growth plans of firms involved in Australia’s recent flurry of IP practice initial public offerings.
The IP court in Taiwan has ruled that Ya-E International, a former licensee of Crocodile International, should pay damages of NT$2,805,222 (US$95,416) for trademark infringement and breach of a trademark licence agreement.