Singapore: Importance of the use of a registered mark in a revocation action
In Singapore, a registered trademark may be susceptible to cancellation if it has not been used within five years from completion of registration, or if such use has been suspended for a continuous period of five years or more. The following case is a reminder.
Comfort Lab Inc., also known as Kabushiki Kaisha Comfort Lab (the registered proprietor), owned the registered trademark “COMFORTLAB” for “coats; sweaters; shirts; underwear (underclothing); nightwear; socks and stockings; T-shirts; headgear for wear; shoes and boots; all included in Class 25” (the subject mark). Choi Sun Mi, CEO of ComfortLab Co., Ltd. (the applicant), from South Korea, applied to revoke the mark on ground of non-use.
In order to defeat the application to revoke its trademark registration, the registered proprietor must prove the five “W”s, as follows:
1. WHERE: That the trademarks in question have been used in Singapore;
2. WHEN: That those marks have been used during those relevant time periods defined by the statute;
3. WHICH: That those marks have been used in relation to the goods for which the marks have been registered;
4. WHO: That those marks have been used by the proprietor or with his consent; and
5. WHAT: That there has been use of the mark, either in the form in which it has been registered or in forms which does not alter the distinctive character of its registered form. Read more