Applicant’s Mark ("Application Mark"):
Singapore Trade Mark Application No. 40201821074P-02 for "” in the following classes:
Opponent’s Registered Mark ("Opposition Mark"):
Singapore Trade Mark No. 40201616906T for “” in the following class:
This trade mark opposition was commenced by Louis Vuitton Malletier, owner of the registered “” trade mark above in Class 18 for luggage against Human Horizons Holding (Shanghai) Co. Ltd’s application to register “” in Class 18 and 25.
Opposition succeeded. Application Mark was refused and will not proceed to registration. Opponent is entitled to 90% of costs to be taxed, if not agreed.
1. When observed in their totality, the Registrar has concluded that the Opponent’s Mark is similar as compared to the Applicant’s Mark. Overall, the Registrar has found that the Application Mark and Opponent’s Marks to be:
The Registrar has also found reasonable likelihood that consumers may incorrectly perceive the competing marks as originating from the same business or sources that are linked or associated commercially.
2. The Opponent has succeeded on the grounds of passing off as the following elements have been established:
3. The Opponent has also partially succeeded in proving that its mark is well-known. The Registrar has found that the Opponent's Mark is well-known to the relevant sector of the public but not to the public at large.