In Fox Head, Inc. v Fox Street Wear Pte Ltd [2018] SGIPOS 8, Singaporean clothing distributor Fox Street Wear Pte Ltd (‘the Applicant’) applied to register the below mark (‘the Application Mark’) in Class 25. This was the same mark which had previously been refused registration in Singapore in Class 18, via a successful opposition […]
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Similarity of Marks Examined in Singapore ‘Monster’ Case
In Monster Energy Company v Glamco Co., Ltd. [2018] SGIPOS 7, multinational energy drinks manufacturer Monster (‘the Opponent’) unsuccessfully opposed an application to register the mark ‘SWEET MONSTER’ (‘the Application Mark’) in Class 30 by Korean dessert purveyor Glamco (‘the Applicant’). The Registrar denied the Opponent’s three grounds of opposition. The first was that, following […]
Singapore Challenges ‘Actavis’ Doctrine of Equivalents
Lee Tat Cheng v Maka GPS Technologies Pte Ltd [2018] SGCA 18 Introduction In the recent decision of Lee Tat Cheng v Maka GPS Technologies Pte Ltd [2018] SGCA 18, the Singapore Court of Appeal (the “Court”) reaffirmed the law on patent construction in Singapore and clarified the Singapore position in relation to the UK […]
Fast-Tracked Fintech Patent Applications in Singapore
In line with Singapore’s vision to become a Smart Nation, the Intellectual Property Office of Singapore (IPOS) has launched a FinTech Fast Track (FTFT) initiative, effective from 26 April 2018 for a period of 12 months, in order to expedite the file-to-grant process for FinTech patent applications for as fast as 6 months. Normally, it […]
What Constitutes a Family of Trademarks in Singapore?
McCHICKEN®, McNUGGETS® and McFLURRY® immediately conjure up images of the ‘family of marks’ owned by McDonald’s Corporation. Indeed, the ‘family of marks’ doctrine is well-established in trademark law. Be that as it may, can it be said that there exists a family of marks when they are not owned by the same entity? What needs […]
Updates to Vietnam Patent and Trademark Procedures
Following on from our previous article on patent updates in Vietnam, this piece serves to summarise the key amendments made to both patent and trademark procedures by the NOIP commencing January 2018. New regulations with regard to patent and trademark procedures in Vietnam came into force on 15th January 2018. These amended regulations aim to […]
Rectification of the Register – A Singapore Perspective
Novartis (Singapore) Pte Ltd v Bristol-Myers Squibb Pharma Co [2017] SGHC 322 I. Introduction In the recent case of Novartis (Singapore) Pte Ltd v Bristol-Myers Squibb Pharma Co [2017] SGHC 322, the Singapore High Court addressed, for the first time, key procedural issues associated with corrections to patent forms and priority data, as well as […]
Updates to Vietnam Patent Regime
New regulations with regard to patent applications in Vietnam came into force on 15th January 2018. These amended regulations aim to bring the Vietnamese intellectual property system in line with recent developments. Below are three of the main changes based on guidelines laid out in Circular No. 16/2016/TT-BKHCN from the Ministry of Science and Technology, […]
Is ‘Patent Working’ Information Confidential in India?
The very foundation of the patent system is a quid pro quo – a set of exclusive rights granted to a patentee in exchange for inter alia the patentee’s duty to fulfil the society’s reasonable requirements in relation to the invention (including the ‘working’ of the said invention within the jurisdiction). The Indian Patents Act […]
Louis Vuitton Counterfeit Case in Singapore Clarifies Definitions of ‘Import’ and ‘Export’ for Trade Mark Infringement Purposes
In the recent Singapore High Court case of Louis Vuitton Malletier v Megastar Shipping Pte Ltd [2017] SGHC 305, the Court held that a freight forwarder who was unwittingly sent counterfeit goods into Singapore for transshipment was not liable for trademark infringement. The case concerned two shipments from China bound for Indonesia via Singapore. The […]