Trade Mark Registration For Generic Word "Maglev" Invalidated

By Kevin Wong and Lin Lixia

In this recent case in Singapore, the Applicants, Siemens AG, sought to invalidate the mark "Maglev", owned by a Taiwanese company, Sunonwealth Electric Machine Industry Co. Ltd ("the Respondents"), alleging, among other things, that the Respondents’ mark:

(a) Is devoid of any distinctive character

(b) Has become generic in the trade

(c) Was applied for in bad faith

By way of background, the Respondents’ mark in question was registered in Class 11 for "Ventilating fans for commercial equipment, for commercial or industrial use", with effect from 15 November 2000.

In response to the Applicants’ claims, the Respondents argued that their mark had become distinctive of them and produced as evidence, a product pamphlet which describes the MagLev Motor Fan in connection with the introduction in 1999 of its patented "Magnetic Levitation System", subsequently branded under the abbreviation "Maglev" in 2003. On another page, the pamphlet states, "Maglev