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Breaking Chocolate News: Shaping the Law on Registrability of Trade Marks

December 2014 - Intellectual Property. Legal Developments by Drew & Napier LLC .

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Breaking Chocolate News: Shaping the Law on Registrability of Trade Marks

5 Dec 2014

This update discusses the High Court's decision in the case of Societe Des Produits Nestle SA and another v Petra Foods Ltd. Nestle SA ("Nestle") filed a suit in 2012 claiming that "Take It", a series of rectangular-shaped wafer products made by Petra Foods Ltd ("Petra Foods") infringed on Nestle's trade mark rights and copyright. 

Director Dedar Singh Gill and Senior Associate Gabriel Ong from Drew & Napier successfully defended food-maker Petra Foods by arguing that all of the essential features contained in Nestle's registered shape marks were necessary to obtain a technical result, which meant the registrations should be declared invalid. The High Court agreed, and threw out Nestle's claim that the shape of chocolate bar Take-it, infringed its intellectual property rights.

This decision is highly significant as it is the first High Court decision on the registrability of shapes as trade marks in Singapore. Traders seeking to register or assert trade mark protection over the shape of their goods should take note of the guiding principles laid down by the High Court, which are discussed and summarised in this update.

To read the update, please click here.