Well-Known Marks In Singapore

Question 1
What constitutes a well-known mark in Singapore?

Answer 1
A well-known mark is defined as;
· A registered trade mark that is well known in Singapore.
· An unregistered trade mark that is well known in Singapore and belongs to an individual who is a member of a country party to the Paris Convention, regardless of whether he carries on business, or has any goodwill, in Singapore.

Question 2
What are the factors to be taken into account when deciding whether a mark is well-known in Singapore?

Answer 2
Factors to be taken into account when deciding whether a mark is well-known in Singapore;
· The degree to which the trade mark is known to or recognised by any relevant sector of the public in Singapore.
· The duration, extent and geographical area of any use or promotion of the mark including any advertising of, any publicity given to, or any presentation at any fair or exhibition of, the goods or services to which the trade mark is applied.
· Any registration or application for the registration of the trade mark in any country or territory in which the trade mark is used or recognised, and the duration of such registration or application.
· Any successful enforcement of any right in the trade mark in any country or territory, and the extent to which the trade mark was recognised as well known by the competent authorities of that country or territory
· Any value associated with the trade mark.
Do take note that these factors act merely as guidelines and are not preconditions for determining whether a mark in question is a well-known trade mark.

Question 3
What are the benefits of well-known trade mark protection in Singapore?

Answer 3
Benefits of well-known trade mark protection;
The proprietor of a well known trade mark shall be entitled to restrain by injunction the use in Singapore, in the course of trade and without the proprietor’s consent, of any trade mark which, or an essential part of which, is identical with or similar to the proprietor’s trade mark, in relation to any goods or services, where the use of the trade mark: -
· Would indicate a connection between those goods or services and the proprietor,
and is likely to damage the interests of the proprietor; or
· If the proprietor’s trade mark is well known to the public at large in Singapore and would cause dilution in an unfair manner of the distinctive character of the proprietor’s trade mark or would take unfair advantage of the distinctive character of the proprietor’s trade mark.