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ARTICLE · 03 JANUARY 2022

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Weider Keeps Morinaga's "IN" Mark Out Of Register

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Weider Global Nutrition, LLC (Applicant) develops nutrition-related goods while Morinaga & Co., Ltd (Proprietor) manufactures mainly confectionaries and health products.

AustraliaIntellectual Property
Esther Seow
Esther Seow
Benita Lau
Benita Lau
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Weider Global Nutrition, LLC (Applicant) develops nutrition-related goods while Morinaga & Co., Ltd (Proprietor) manufactures mainly confectionaries and health products. In Weider Global Nutrition, LLC v Morinaga & Co., Ltd [2021] SGIPOS 15, the Applicant sought a declaration of invalidity against the Proprietor's registered "IN" logo in Singapore. The Applicant successfully relied on rights in relation to their own "IN" word mark but not their "IN" composite marks. The grounds based on passing off and bad faith were also not successful.

Ground 1: Earlier registered rights

The Applicant sought to establish a likelihood of confusion in relation to their "IN" composite marks as well as their "IN" word mark.

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