In Han’s (F&B) v. Gusttimo World [2-15] SGHC 39, Han’s filed an action against Gusttimo for infringement and passing off. Gusttimo simultaneously counterclaimed against Han’s for groundless threats of infringement proceedings and also sought to invalidate Han’s registered trademarks. Both ran businesses in the food and beverage industry in Singapore. The marks in question of […]
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Indonesia: Cancellation Action against GUDANGBARU Goes Up in Smoke
PT Gudang Garam Tbk is a leading manufacturer of Indonesian kretek (clove cigarettes) and other tobacco products. Gudang garam means “salt warehouse.” The design of the company’s cigarette pack was conceptualized by its owner, Surya Winowidjojo, in 1956. By the end of 1958, the business had 500 employees producing 50 million kretek annually. Today, Gudang […]
SINGAPORE: Registration Invalidated Based on Passing Off
In a decision dated January 2, 2015, the Hearings and Mediation Group, Intellectual Property Office of Singapore (IPOS), declared registration of the trademark under number T1005905C, invalid. Redsun Singapore Pte. Ltd (Applicant) had filed with the IPOS an application for a declaration of invalidity against the trademark registration in the name of Tsung-Tse Hsieh (Proprietor). […]
Singapore No Break for Nestlé
Société Des Produits Nestlé SA and Nestlé Singapore (Pte) Ltd (plaintiffs) filed an action before the Singapore High Court against Petra Foods Ltd and Delfi Singapore Pte Ltd (defendants) for trademark and copyright infringement. [2014] SGHC 252. The marks in question are shown in the chart below (right): The plaintiffs alleged that: The defendants’ […]
Singapore : The Puzzle of Common “P”
Tao, Hsiu-Chih v. Pirelli & C. S.P.A, [2014] SGIPOS 7 Tao, Hsiu-chih (the applicant) filed Singapore trademark application number T1015606G for the figurative mark Ts.Project (application mark). This application was accepted and published on April 29, 2011. Pirelli & C SpA (the opponent) opposed the application mark on the ground of similarity to their previously […]
Singapore Disclosures During Patent Litigation : To Request or Not To Request?
In Syntroleum v. Neste Oil Singapore, the Singapore High Court dismissed two sets of applications filed by the defendant for the disclosure of three categories of documents by the plaintiff in respect of Singapore Patent 172045 (the 045 patent), Singapore Patent 169053 (the 053 patent) and the United States Patent 5,705,722 (the US 722 patent). […]
Singapore: ANGRY BITE Chews Up Opposition
Kimanis Food Industries Sdn Bhd filed an application to register its mark ANGRY BITE (the “Applicant’s Mark”) in Singapore in respect of goods in Class 30. (Application No. T1204840G, filed Apr. 5, 2012.) Rovio Entertainment Ltd., best known for its game franchise Angry Birds, opposed the application on the following grounds: The Applicant’s Mark was […]
SEIKO... SEIKI... Say What? The Likelihood of Confusion in Singapore
The SEIKI trademark was recently granted registration in Singapore despite an opposition from the proprietors of the SEIKO mark. The Registrar dismissed the opposition despite finding that SEIKO is a well-known mark and that the two marks are similar. A closer examination of the Registrar’s reasoning, however, reveals that the decision is not as incongruous […]
Philippines: The Sweet Taste of “MANGO” is not for Everyone
“Mango” is commonly known as the juicy stone fruit belonging to the genus Mangifera. But to others, it means more. To Consolidated Artists BV, “Mango” is a trademark symbolic of quality bags, fashion and accessories. Recently, MANGO has been the subject of a dispute before the Office of the Director General (ODG) of the Intellectual […]
Singapore - Performance Pledge for IP Registration
A Performance Pledge for Intellectual Property Registration was introduced by the Intellectual Property Office of Singapore (IPOS) on 4 August 2014. For patents, a grant of a Singapore patent application may be obtained within 12 months from the date of filing the application if certain requirements are met. The requirements are as follows: 1. The […]