Singapore Trade Marks - GCIH Trademarks Limited v Hardwood Pte Ltd [2021] SGIPOS 6








Applicant's Marks (Application Marks):


applicant trade mark 1

Class: 30



applicant trade mark 2

Class: 30


Opponent's Marks:


opponent trade mark 1

Class: 30



opponent trade mark 2

Class: 30


Procedural History:

This trade mark opposition was commenced by the owner of the “TANGO” trade mark (registered in Class 30 for chocolate and cocoa products) against a competitor’s application to register “OT TANGO” (in Class 30 for, among other things, chocolate and cocoa products).



  1. The Application Mark is similar to the Opponent’s Mark;
  2. The Application Mark was passing off as the Opponent; and
  3. The Opponent’s Mark is well-known.



Opposition allowed. Application Mark refused registration. Applicant to pay Opponent’s cost.

  1. When observed in totality the Registrar found the marks are similar to a strong degree:
    • visually similar to a significant degree;
    • aurally more similar than dissimilar; 
    • conceptually identical (or highly similar at the very least); and
    • goods are similar.
  2. The Opponent succeeded in passing off having established goodwill, misrepresentation and likelihood of suffering damages.
  3. The Registrar did not decide on well-known status of Opponent’s mark since the Opponent was successful in the two claims.



OT Tango chocolates and cocoa products brand ousted by Tango brand in a successful opposition of the former’s trade mark registration in Singapore. The Registry found GCIH Trademarks Limited, owner of the Tango brand, had made a case that OT Tango brand was visually, aurally and conceptual similarity to Tango and further found OT Tango to have passed off as Tango.