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
Large fines show FSCA is focused on enforcement to leave the grey list – a red flag for non-compliant financial services providers as more fines likely
Gone are the days of box-ticking. The FSCA has imposed penalties on financial services providers for non-compliance with FICA The [...]
Considerations of a surety relying on the remedies provided in the Insolvency Act
CASE NOTE Introduction On 9 February 2024, the Supreme Court of Appeal in the case of Cohen v Absa Bank [...]
New Earnings Threshold
and Danelle Plaatjies - Candidate Attorney On 5 March 2024 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published [...]
Regulator or Legislature?
The Information Regulator ("Regulator") issued its first Enforcement Notice regarding non-compliance with the direct marketing provisions of the Protection of [...]
Online brand protection practices for brand owners
Online shopping is prevalent due to the ease and convenience with which consumers can purchase goods or services. Consumer decisions [...]
Zambia introduces welcomed revisions in the Trade Marks Bill 2023
Zambia's Trade Mark Legislation is currently the Trade Marks Act (Chapter 401) 1958 ("TM Act") and in 2023 the Trade [...]