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18 October 2016

Country brand leaders revealed, and how their value impacts corporate worth

New research from Brand Finance has revealed that, while the United States’ nation brand boasts the biggest overall value, Singapore comes out top for brand strength. While trademark counsel are rightly focused on the value that resides in the corporate brands that they protect and nurture, it is important not to under-emphasise the impact that national identity and worth has to the health of corporate brand value – and vice versa.

17 October 2016

Abercrombie & Fitch succeeds in opposition against moose device mark

US clothes brand Abercrombie & Fitch Europe SAGL has successfully opposed MMC International Services Pte Ltd’s application to register a mark incorporating the letters A&F and a moose device similar to its own.

13 October 2016

Allergan wins case against seller of eyelash enhancer

In Allergan Inc v Ferlandz Nutra Pte Ltd, the court has held that the use of a competitor’s trademark in a comparative advertisement constitutes use in a trademark sense, and its use in a misleading manner brings it outside of the scope of the comparative advertising defence.

12 October 2016

Hong Kong performs well in illicit trade rankings, despite massive counterfeit trade volume

The Economist’s Intelligence Unit and the European Chamber of Commerce in Singapore (EuroCham SG) today released a report measuring Asia-Pacific jurisdictions by the extent to which they enable illicit trade, including counterfeiting and piracy. Singapore itself has a somewhat disappointing placing, just outranking China and beaten by its larger neighbour Malaysia; while Hong Kong’s high placement is somewhat at odds with other measures of its contribution to the global counterfeiting trade.

08 September 2016

“Local efforts” crucial to spurring trademark-backed financing worldwide, says IPOS director

In the latest issue of World Trademark Review, we took a deep-dive look at Singapore’s IP Financing Scheme and its implications for trademark owners. We interviewed Sharmaine Wu, director, IP management and markets, at IPOS, for the article. Some of her comments are included in the feature, but here is an extended transcript of the interview for blog readers.

01 September 2016

Singapore seeks to turn trademarks into cash

Asia-Pacific is leading the world when it comes to IP collateralisation. Singapore’s groundbreaking IP Financing Scheme recently saw the approval of its first patent-backed loan – and hopefully, lending against trademarks is not far behind

18 August 2016

Singapore comes out top in Asia-Pacific for innovation thanks to enhanced focus on filing and licensing

The latest edition of the Global Innovation Index (GII) was released this week, with the performance of Asian economies boosted by trademark filing levels and IP monetisation.

02 June 2016

Singapore bids to take brand-based lending into the mainstream

The Intellectual Property Office of Singapore has issued a release revealing the country’s first approved loan using intellectual property as collateral. While leveraged on a patent, of more interest to our readers will be the news that the lending scheme will shortly be extended to trademarks.

19 May 2016

Australian and Singaporean courts clarify ‘own name’ defence

The bona fide use of ‘own name’ is a longstanding defence to trademark infringement in Singapore and Australia. However, although case law on the defence is sparse in both countries, the Court of Appeal of Singapore and the Federal Court of Australia have recently issued decisions which provide guidance.

06 May 2016

No confusion between Polo Ralph Lauren and United States Polo Association

In Polo/Lauren Company LP v United States Polo Association, the Singapore High Court has upheld a decision of the Trademark Registry adjudicator who had refused an opposition by Polo Ralph Lauren against a trademark application by United States Polo Association.

29 April 2016

Turning to the unusual

A number of novel cases on less commonly litigated issues of trademark law were decided in Singapore in 2015

12 April 2016

IPOS introduces mediation scheme for IP disputes

To encourage parties in Intellectual Property of Singapore (IPOS) proceedings to choose mediation as an avenue for dispute resolution, IPOS has launched a mediation promotion scheme to fund the administration and mediator fees incurred by parties during mediation up to a combined total of S$5,500 per mediation case.

26 January 2016

Higher burden of proof for invalidation proceedings?

A recent Court of Appeal decision brings to light the issue of whether a higher burden of proof is required to establish a likelihood of confusion in a claim to invalidate an existing trademark, in comparison to opposing a trademark for which registration is sought.

01 January 2016

Own name defence: a global perspective

In many countries people or even companies have a defence to trademark infringement when using their own names. In this article Baker & McKenzie’s global IP team outlines where an own name defence exists and whether this extends to company names

29 October 2015

Challenger narrowly loses its application for interim injunction: lessons for brand owners

In Challenger Technologies Limited v Courts (Singapore) Pte Ltd, the High Court has dismissed Challenger Technologies Limited's application for an interim injunction restraining Courts (Singapore) Pte Ltd from running an advertising campaign which allegedly infringed Challenger's marks. The decision highlights the difficulties brand owners face in obtaining an interim injunction even where a prima facie case for infringement has been established.