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.