High Court reaffirms position in trade mark law on well-known marks and evidence of actual confusion

05 Jul 2024

The General Division of the High Court in HC/TA 1/2024 Outschool, Inc. v Allschools Pte Ltd upheld the decision of the Intellectual Property Office of Singapore to dismiss four consolidated opposition proceedings by Outschool Inc., concerning the trade mark applications for “ALLSCHOOL” by ALLSCHOOLS PTE LTD (“Respondent”) under Classes 9, 35, 41 and 42. This decision is a notable addition to the local jurisprudence of trade mark law as it is consistent with precedent cases that any instances of alleged actual confusion must be at the point of purchase, or the point of sale. It also spotlights the usefulness of relying on evidence relating to actual confusion.

Managing Director of Intellectual Property Tony Yeo, Associate Director Kit Kuan Yuen and Associate Denise Thia acted for the Respondent and successfully defended the appeal.

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