“When is Confusion Truly Confusion?”: The role of actual confusion in opposing trade marks

02 Jan 2024

The Intellectual Property Office of Singapore (IPOS) decision of Allschools Pte Ltd v Outschool Inc [2023] SGIPOS 12 clarifies the usefulness of evidence of alleged actual confusion in demonstrating the likelihood of confusion between similar marks in the context of a trade mark opposition.
 
In this update, Managing Director of Drew & Napier’s Intellectual Property department Tony Yeo, Senior Associate Kit Kuan Yuen and Associate Denise Thia discuss this decision and provide guidance on the factors which parties should consider if they seek to rely on evidence of alleged actual confusion in demonstrating the likelihood of confusion between similar marks.
 
Please click here to read the update.