Singapore Trade Marks - Baidu Europe B.V. v Baidu Online Network Technology (Beijing) Co., Ltd. [2021] SGIPOS 8

 

China’s Baidu Loses Its Mark In Singapore Due To Non-Use

 

Tribunal/Court:

IPOS

 

Type:

Revocation

 

Registered Proprietor’s Registered Mark:

Classes: 38 and 42

 

Procedural History:

This trade mark revocation action was commenced by Baidu Europe B.V. against a competitor’s registered mark in Class 38 for, among other things, providing telecommunication services and Class 42 for, among other things, providing search engine services etc.

 

Claim(s)/Issue(s):

1. The Registered Proprietor has not commenced use of the mark within a period of five years (i.e. “first relevant period”) after the completion of the registration procedure; and
2. The use of the Registered mark was suspended for an uninterrupted period of five years (i.e. “second relevant period”).

 

Decision:

Revocation was only partially successful and Registered Mark was revoked only in relation to Class 38 (w.e.f. 15 January 2016). Applicant is entitled to 50% of the costs, to be taxed, if not agreed.

 

1. First Relevant Period

The Registrar concluded that there is use of the Registered Mark in relation to Class 42 but not for Class 38.

Evidence for the use in relation to Class 42 includes the Registered Proprietor’s collaboration and partnerships with local companies, whereby the Registered Mark has been clearly featured on relevant documents/articles, affixed on signs and in media releases.

No evidence was found in relation to use of the Registered Mark in Class 38.

 

2. Second Relevant Period 

The Registrar concluded that there is use of the Registered Mark in relation to Class 42 but not for Class 38.

As there was an overlap of three (3) years between the first and second relevant periods, part of the same evidence of use in relation to Class 42 was accepted by the Registrar.

No evidence was found in relation to use of the Registered Mark in Class 38.