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
Budget proposal to provide much needed clarity to managers and unit holders of Collective Investment Schemes
The taxation of collective investment schemes ("CIS") and their participatory interest holders is governed by sections 25BA and 10(1)(iB) of [...]
The International Arbitration Act spells opportunity for South Africa
With the coming into operation of the International Arbitration Act[1] ("Act") on 20 December 2017, South Africa for the first [...]
The fascinating tango of interest and forex rates on large claims where set-off occurs: a case study
Imagine the following scenario, the parties have litigated, and they are awarded the following claims: Party A is awarded: US$5 [...]
Memorandum of understanding concluded between the Broad Based Black Economic Empowerment (“BBBEE”) Commission and the Competition Commission – the increasingly important interface between BBBEE and Competition Law
) The Competition Commission investigates certain mergers and anticompetitive practices including cartel conduct (for example price fixing, collusive tendering and [...]
Use it or you may lose it
INTRODUCTION In Legalwerks September 2017, the top ten reasons to register trade marks were discussed, https://werksmans.com/legal-briefs-view/top-ten-reasons-to-register-your-trade-marks/. On payment of renewal [...]
FAQ – opportunities for investors arising from the South African business rescue process
INTRODUCTION The South African business rescue process has created the opportunity for investors (local and foreign) to position themselves in [...]
