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ARTICLE · 11 FEBRUARY 2016

A Cautionary Tale In Trade Marks Planning

The following is based on the case of Redsun Singapore Pte Ltd v Tsung-Tse Hsieh [2015] SGIPOS 1.

SingaporeIntellectual Property
Koh C-U Pinn
Koh C-U Pinn

Arielle Law sincerely wishes everyone a joyful and prosperous 2015 ahead. Happy New Year!

The following is based on the case of Redsun Singapore Pte Ltd v Tsung-Tse Hsieh [2015] SGIPOS 1

Facts

A Taiwanese chain of bubble tea shops owned by Tsung-Tse Hsieh ("Tsung") was planning to expand to Singapore and registered a "Red Sun Tea Shop " logo as a trade mark in Singapore. This was registered in Class 30 in respect of various types of beverages.

Unfortunately for him, Redsun Pte. Ltd. ("Redsun"), a local company that sells green tea and health supplements, had an earlier "Red Sun" trade mark registered in Class 5 for food supplements etc.

Invalidating a Trade Mark

Redsun first sought to have Tsung's registration declared invalid on various grounds, including that it was confusingly similar to the Redsun's earlier trade mark. It was found that the parties' respective specifications of goods for the trade mark were not similar and Redsun did not succeed on

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