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Ella Cheong Spruson & Ferguson
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In this recent case in Singapore, the Applicants, Siemens AG, sought to invalidate the mark "Maglev", owned by a Taiwanese company, Sunonwealth Electric Machine Industry Co. Ltd ("Respondents"), to be invalidated, alleging, amongst others, that the Respondents’ mark is Is devoid of any distinctive character; has become generic in the trade; and was applied for in bad faith.
By Joseph Krupa, Chang Jian Ming
It has been brought to our attention by personnel from the Intellectual Property Office of Singapore (IPOS) that, under IPOS’s current interpretation of the rules, extensions of time as of right under Rule 108(3) are not available under the slow track option.
By Kevin Wong
Currently, an applicant who wishes to register a trade mark in more than one class of goods and/or services must file separate applications for each class. However, this will change with effect from 2 July 2007.
In line with changes made to the Patents Co-operation Treaty (PCT) as of 1 April 2007, the Singapore Patents Act and Rules have been amended.
By Michael Koch, Martin Kwan
A partially valid patent refers to a situation where some claims in a granted patent are found valid while other typically broader claims are found invalid, e.g. during infringement proceedings.
Singapore Courts tend to adopt a strict approach to the exclusion of added subject matter when amending a patent or patent application. Hence, does a disclaimer, introduced into a patent claim in order to restore novelty over the prior art by excluding from its scope one or more particular examples in the prior art, constitute unallowable added subject matter under Singapore law if such a disclaimer has no basis in the application as originally filed?
By Kevin Wong, Kiran Dharsan
In our 01 February 2007 article, it was reported that opposition proceedings had been brought by Mark Richard Jeffery and Guy Anthony (the Opponents), owners of the trade mark "JEFFERY-WEST" mark in Class 25 against Nautical Concept Pte Ltd (the Applicant), who applied to register the mark "jWEST" in Class 25.
By Kevin Wong, Kevin Wong, Kiran Dharsan, Kiran Dharsan, Kiran Dharsan, Kiran Dharsan
The Trade Marks (Amendment) Bill 2006 was introduced and read for the first time in Parliament on 8 November 2006. The Trade Marks Act (TMA) will be amended once the Bill is passed by Parliament. The proposed amendments to the TMA are briefly discussed in this article.
By Kevin Wong, Kevin Wong, Kiran Dharsan, Kiran Dharsan, Kiran Dharsan, Kiran Dharsan
This was an opposition brought by Mark Richard Jeffery and Guy Anthony (the Opponents), owners of the registered mark "JEFFERY-WEST" in Class 25, against Nautical Concept Pte Ltd (the Applicant) who applied to register "jWEST" as a trade mark in Class 25 for similar goods, i.e. shoes/footwear.
By Michael Koch, Michael Koch, Png Sze Yah, Png Sze Yah, Png Sze Yah, Png Sze Yah
For Singapore patent applications, it has been a common practice to make voluntary amendments in particular to the claims, at anytime before payment of the grant fee. The patent applications could proceed to grant even though the amendments were not searched and examined.
By Kevin Wong, Kevin Wong, Lin Lixia, Lin Lixia, Lin Lixia, Lin Lixia
Caterpillar Inc. ("Caterpillar"), renowned worldwide for the design, manufacture, marketing, distribution and sale of its extensive range of industrial, agricultural, construction, mining and road-building equipment together with parts, accessories and services thereof, recently filed an infringement and passing off suit against an individual, formerly trading as Catplus International, to defend the goodwill and reputation it has built upon its brand, seeking, amongst others, relief by way of an