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
Employee’s right to privacy
In National Union of Metalworkers of South Africa and other v Rafee NO and others (2017) JOL 37705 (LC), the [...]
Don’t be intimidated into relying on a SARS interpretation note
The SARS states, on its website (www.sars.gov.za), that its "Interpretation Notes are intended to provide guidelines to stakeholders (both internal [...]
National minimum wage amendment bill, 2019
By Jacques van Wyk, Director and Unathi Jukuda, Candidate Attorney On 22 February 2019 the Portfolio Committee on Labour published [...]
Is a pre-suspension hearings necessary for a precautionary suspension?
By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney ISSUE Whether there is a requirement for a pre-suspension hearing [...]
How long is too long? Suspension of an employee pending a disciplinary process
By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney Very often, an employee is suspended while an investigation is [...]
Use it or lose it!
By Janine Hollesen, Head of Intellectual Property Practice It is important that a trade mark is used as non-use could [...]
