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