Legal updates and opinions
News / News
Gucci is well-known in singapore
By: Donvay Wegiersk, Director
A mark is considered well-known if a larger portion of the public can immediately recognise the mark with the goods and services to which it relates.
In finding that the GUCCI mark is well-known in Singapore, the Singapore trade mark office held that all that needs to be shown is a real or serious probability of damage to the well-known mark’s advertising quality or symbolic function without the need of survey evidence. As survey evidence can be laborious and extremely expensive this approach is likely to be welcomed by owners of luxury and other well-known brands that may be regarded as well-known.
This view would be welcomed by South African trade mark practitioners in light of the expensive and time consuming task in conducting surveys which are usually subject to scrutiny by the opposing party which could be struck out by the courts if not conducted properly.
Latest News
Constitutional Court to finally give clarity on hate speech
by Harold Jacobs, Director and Dakalo Singo, Director On 22 September 2020, the Constitutional Court heard arguments in the case [...]
Another giant trade mark defeat in China – and this time it is FACEBOOK
by Donvay Wegierski, Director After a fourteen-year trade mark battle between Zuckerberg, the CEO of Facebook, and an individual Dr.Su, [...]
Freezing of clients’ account prohibited in certain circumstances
by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney The Financial Intelligence Centre Act, 38 of 2001 ("FIC Act"), [...]
Proposed tax changes to facilitate the relaxation of exchange control require refinement
by Ryan Killoran, Director In the Budget Speech which was delivered on 25 February this year it was announced that [...]
Unfair discrimination on “any other arbitrary ground”
by Chelsea Roux, Candidate Attorney Reviewed by Jacques van Wyk, Director The Employment Equity Act[1] ("EEA") aims to recognise and [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) August / September 2020 applications
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The TERS applications for the [...]
