Co-existence: an important gamechanger in trade mark conflicts

In the Intellectual Property Office of Singapore decision in Sociedad Anonima Damm v Hijos de Rivera, S.A. [2022] SGIPOS 6, the finding that the disputing parties’ trade marks had co-existed in the Singapore market for 7 years without a single instance of confusion was an “especially weighty” factor pointing away from a likelihood of confusion.

In this article, Directors Yvonne Tang and Ruby Tham examine the decision and consider some of the lessons that can be drawn from it.

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