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
The Bogeyman that is the GAAR
by Ernest Mazansky, Director, Werksmans Tax (Proprietary) Limited Introduction The general anti-avoidance rule - or the GAAR as it is "fondly" [...]
When can you set your mind at ease? Tax and the prescription issue
by Doelie Lessing, Director and Head of Tax and Private Wealth, and Robyn Schonegevel, Associate SARS is generally prohibited from [...]
What you need to know now to protect your brand in China
by Donvay Wegierski, Director Brand owners take note. Effective 2027 China will amend its Trade Mark Law. Efforts to curb [...]
A tale of two disaster declarations
by Naledi Motsiri, Director and Nothando Nyoni, Associate In recent years, South Africa has declared two national disasters aimed at [...]
Substance over form: Structuring black private equity funds under the B-BBEE framework: The importance of active management
by Dylan Cunard, Director 1. Introduction 1.1. The growth of black-managed private equity ("PE") funds in South Africa is a [...]
Making South Africa home?
by Doelie Lessing, Director and Head of Tax and Private Wealth, Luke Magerman, Senior Associate and Mike Searle, Candidate Attorney [...]
