"Champengwine" denied TM Registration in Singapore stating element of bad faith

"Champengwine" denied TM Registration in Singapore stating element of bad faith

The word "Chanpengwine" was denied the registration by the Registrar in Singapore stating that the ground that there was bad faith on the part of the Applicant.

Keep Waddling International Pte Ltd (Applicant) used to sell their wines originating from Chile since April 2004. They and their related companies have been using the word "Pengwine" for selling their wines to many countries including Singapore and also promote the same word through social platforms. The applicant as a part of their business applied for registration of the mark "Champengwine" in Singapore.

The mark "Champagne" has been in use as a geographical indication, in connection to wine, being produced in a specific region in France. Comité Interprofessionnel du Vin de Champagne (first opponent) is an association authorized under French law which represents the country's operators (including growers, cooperatives, and production houses) concerning the geographical indication "CHAMPAGNE" worldwide. On the other side, Institut National de l'Origine et de la Qualité (second opponent), a French national public administrative institution under the French Ministry of Agriculture and Food, works hand in hand with the first opponent to implement French Policy on official signs of identification of the origin of the agricultural and food products internationally.

Both the first and the second opponent filed the Notice of Opposition in Singapore against the registration of the applicant's mark. The main ground of opposition was Section 7(4), 7(5), 8(7) (a), and 7(6) of the Trade Marks Act (of Singapore). Section 7(4) states that a trademark should not be published if it, for any instances, causes misleading information that may delude the public about its origin, nature, and/or quality. Section 7(5) states a trademark should not be registered if its use in Singapore is prohibited by any written law. Section 8(7)(a) states. A trademark shall not be registered if its use in Singapore is liable to be prevented by any virtue of the law protection an unregistered trademark or other sign used in the course of trade. Section 7(6) section states that a trademark should not be registered if the application is made in bad faith.

The Registrar while delving into the case rejected the ground of opposition as contended by Section 7(4), 7(5), and 8(7) (a). Registrar rejecting ground under Section 7(4) states that "champagne" is a standalone word, and is not the dominant mark in the application mark. Section 7(5) was rejected because the mark is not identical to an earlier trademark and it does not contain the word "champagne". Therefore, if the mark does not contain the word, the ground of opposition was rejected.

While dealing with Section 8(7)(a), the Registrar found that there cannot be any misrepresentation that can result in deception and confusion in the mind of the public, thereby, no damages will occur. But the registrar accepted the Ground of opposition as stated in Section 7(6). The Registrar was of the view that the prefix "Cham" is an allusion to the use of the word in "Champagne" because of its similarity and hence, the Registrar noted this to be a subject of bad faith, thereby, refusing the registration on bad faith.