Senior Regulation Correspondent
Spanish retail giant Mango has failed in its bid to dam skincare firm TheFaceShop from registering "Mango Seed TheFaceshop" as a trademark.
A emblems registrar discovered that the skincare firm's model for a variety of beauty merchandise together with pores and skin lotions, make-up basis powder and hair shampoo, regarded and sounded totally different, and was conceptually totally different, too.
Consolidated Artists B.V. - which owns the Mango trademark as a part of a retail empire that spans garments and cosmetics, amongst others, stated TheFaceShop's utility was much like its personal registered trademark, which was first launched in Spain in 1984, and is now used for merchandise bought in additional than 100 international locations.
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The firm relied on emblems it has used for cosmetics, corresponding to Mango and Mango Adorably, to oppose TheFaceshop trademark.
TheFaceShop is a South Korea-based mostly skincare and cosmetics producer, retailer and franchiser, with shops in additional than 20 international locations. It sought to register the trademark in Singapore in 2013.
Principal Assistant Registrar of Commerce Marks Sandy Widjaja overruled Mango's objections and permitted The FaceShop's registration of the trademark.
In determination grounds issued final week (June 28), Ms Widjaja stated the usage of the phrases "The FaceShop" and "Seed" within the South Korean firm's trademark "sufficiently and considerably distinguishes" it from Mango.
She added that the usage of the phrase "Seed" meant "there will be no confusion in relation to the marks through confusion as to an financial hyperlink between the events".
"The worth (mid-vary), the character of the merchandise (private, self-care merchandise) and the mode of sale (self-service objects with some stage of help by specialists), all these elements, taken collectively, level away from a probability of confusion," she added.
Ms Widjaja stated in a aggressive client market, it was accepted that enterprise house owners created catchy emblems for his or her merchandise to face out from others.
Below the Commerce Marks Act, a trademark should be distinctive, amongst different issues, to qualify for registration.
Ms Widjaja stated one situation to contemplate was whether or not a typical phrase can handled as distinctive. As an example, she stated whereas "Apple" can't be registered for apples, "Apple" for computer systems could be considered sufficiently distinctive to safe registration.
"Nonetheless, such a technique generally is a double-edged sword, as illustrated by the present case," she added.