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What happens when an application by SWATCH for the mark  is opposed by Apple on the basis of its  mark? In Singapore, the opposition was rejected. Kat friends Lau Kok Keng , Nicholas Lauw and Jiamin Leow collectively report on this recent decision. Swatch filed two applications to register the mark   in Singapore in classes 9 and 14 respectively. Apple relied on its earlier mark   and opposed these applications, Apple argued that Swatch’s  mark should be refused registration as being confusingly similar, under s 8(2)(b) of the Singapore Trade Marks Act (“TMA”), to . Apple further argued that Swatch’s   mark should be refused registration under s 8(4) of the TMA as it indicates a connection with Apple’s earlier well-known  mark and thereby damages Apple’s interest. Apple further argued passing off of its mark 8(7) of the TMA), and that the applications had been filed in bad faith (s 7(6) of the TMA). All of these grounds were dismissed ...

Since the 1970’s, the neo-liberal economic approach has viewed trademarks primarily through the lens of information. Underlying the value (read— “strength”) of a mark is the notion of search costs. A consumer, in deciding whether to buy a product, will typically seek relevant information about the product. However, because it can be costly and time-consuming to obtain the requisite information, a strong mark provides a short-hand form of information on which the consumer can rely in making his purchasing decision. One can ask for a watch, the company for which was founded by Hans Wilsdorf and Alfred Davis in London, England in 1905 as Wilsdorf and Davis, engaged in importing Swiss watch movements to England and placing them in high-quality watch cases, which were then sold to jewelers who added their name on the watch dial. In 1919, the company, responding to high import tariffs, moved their operations to Geneva, from where it has turned its watch products into an international sta...

Photo c/o @AARCS_Canada As the Brexit [excitement/disaster/debacle - readers can pick their preferred option] starts to heat up, the IPKat has an update from Darren Meale who has been closely following the countdown to "B-day". Over to Darren: Following Rosie’s post here , the following is an update on my countdown to Brexit from the brands perspective, last written about at the T-266 days point .   We don’t know that “no deal” will happen, but it seems a whole lot more likely than it did when I wrote my first 680 days to Brexit post. Sigh. If there is a “deal”, things should play out as I described here , although there’s plenty of detail lacking on that. If there is “no deal”, the UK government says it will deal with trade marks and designs as set out in this notice . Exhaustion of IP rights is dealt with in this notice and copyright (not discussed further here) is covered in this one . Geographical indications (also not discussed further here) are covered in anothe...

The UK government guidance on a no deal scenario also considers the situation for trade marks and designs . To save readers' paws the trouble of clicking through, the abbreviated text for each section is below together with some gratuitous use of bold and initial thoughts on what this could mean. As they are unitary rights, the EU trade mark and registered Community designs are the most harmonised areas of IP law but in some respects, they offer the simplest solutions. EU trade mark and registered Community designs existing registered EU trade marks or registered Community designs held will continue to be valid in the remaining EU member states protection of existing registered EU trade marks or registered Community designs in the UK will be through a new, equivalent UK right which will be granted with minimal administrative burden right holders will be notified that a new UK right has been granted. Any business, organisation or individual that may not want to receive a new compara...

The Institute for Government is not optimistic about a deal We know what the EU27 and UK would like to see in terms of IP and Brexit but as the prospect of a deal being reached before 29 March 2019 looks increasingly unlikely, it's time to ask: what will happen if there is no deal? Under a deal, EU designs and trade marks would be automatically converted to UK rights, apparently at no cost. This does not look to be available if there is no deal.  Instead, it is likely that the EU trade mark and Community registered and unregistered designs would cease to apply in the UK and until legislation is put in place which offers protection on similar terms, there will be no equivalent protection in the UK. The UK government is rolling out various technical notices on a UK no deal scenario throughout September. The first collection of these notices is available  here . While there is some consideration of the impact of importing and exporting as well as product labelling, the current ...