Strict Liability: Understanding IP Enforcement in Brunei back to blog Category:Enforcement & Customs Sources:Brunei IP Guide 2025 (Asia IP)Introduction Brunei is known …
Beyond Registration: Defending Your Mark Against "Dilution" in Singapore
Category: Trademark Strategy
Sources:
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Google LLC v Green Radar (Singapore) Pte Ltd [2024] SGIPOS 1
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Twitter, Inc. v V V Technology Pte Ltd [2022] SGHC 293
Introduction Many business owners believe that once they hold a trademark registration certificate, the war is won. However, recent trends in Singaporean IP law suggest that the battle against “dilution” is just beginning. As the market becomes crowded, the threat isn’t just direct copying—it’s the gradual “blurring” of your brand’s uniqueness.
The “Blurring” Threat Under Singapore’s Trade Marks Act, a well-known trademark can be protected against “dilution by blurring” or “unfair advantage”. This occurs when a competitor uses a similar mark that doesn’t necessarily confuse the customer but whittles away at the distinctiveness of your famous brand. In recent opposition hearings, examiners have had to weigh whether a new mark would “call to mind” an earlier famous mark in a way that damages its singular hold on the consumer’s mind.
The Evidence Gap A key takeaway from recent IPOS hearings is the high evidentiary burden required to prove reputation. Simply showing sales figures is often not enough. You must demonstrate that the Singaporean public perceives your mark as a “household name.” Without this specific, localized evidence, claims of dilution often fail, leaving famous global brands vulnerable to local lookalikes.
Strategic Defense To protect against dilution, brands must actively curate evidence of their fame within Singapore—from local advertising spend to survey data. Waiting until an infringement occurs to gather this data is often too late.
How ASEAN IPR Helps: We don’t just file your trademark; we build your defense arsenal. ASEAN IPR assists clients in compiling “Evidence of Use” packages that meet the strict standards of IPOS tribunals. Whether you are asserting a well-known mark status or defending against a dilution claim, our team ensures your portfolio is backed by the hard data needed to win.
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