English Singapore Trade Marks - Warrior Pte Ltd v Nippon Paint (Singapore) Co. Pte. Ltd. [2021] SGIPOS 7
Nippon Paint Succeeds In Defending Its Trade Mark Application In Singapore In Opposition Proceedings
Tribunal/Court:
IPOS
Type:
Opposition
Applicant’s Mark (Application Mark):
1.
Class: 01
Opponent’s Registered Marks:
1.
Class: 01
The mark is limited to the colour(s) green as shown in the representation on the form of application.
2.
Class: 01
The mark is limited to the colour(s) green as shown in the representation on the form of application.
Procedural History:
This trade mark opposition was commenced by Warrior Pte Ltd against Nippon Paint (Singapore)'s application to register their mark.
Claim(s)/Issue(s):
- The Application Mark is similar to the Opponent’s Marks; and
-
The Application Mark was passing off as the Opponent.
Decision:
Opposition failed. Application Mark will proceed to registration. Applicant is entitled to costs to be taxed, if not agreed.
When observed in their totality, the Registrar has concluded that both of the Opponent’s marks are more dissimilar than similar as compared to the Applicant’s mark. The breakdown of the three aspects of similarity is as follows:
1. Overall, the Registrar has found that the Application Mark and Opponent’s Mark 1 to be:
-
Visually, more dissimilar than similar;
-
Aurally, marginally more similar than dissimilar; and
-
Conceptually neutral in relation to each other
2. Overall, the Registrar has found that the Application Mark and Opponent’s Mark 2 to be:
-
Visually, more dissimilar than similar;
-
Aurally, marginally more similar than dissimilar; and
-
Conceptually dissimilar in relation to each other.
The Opponent has also failed on the grounds of passing off as the Registrar opined that the elements of misrepresentation and likelihood of damages were not established.
[An appeal from this decision to the High Court is pending]
