No One Should Monopolise The Word "Cosplay"
[2008-12-23 16:56:24]
The word, "cosplay" was registered in the name of Tan Yueh Han trading as SCC Square in 2004, in relation to conducting workshops, publishing books, organising competitions, entertainment services, cultural and educational exhibitions, movie production and similar services in Class 41. This registration was challenged as invalid by Singapore Street Festival Ltd on the grounds that "cosplay" is a widely known term that is generic and therefore not distinctive.
After a hearing, IPOS agreed that the evidence does point to "cosplay" having a generic, descriptive meaning or significance - that it describes a particular hobby, culture or activity (that of dressing up in costumes to look like anime or fictitious characters). "Cosplay" was therefore found to be devoid of distinctive character as regards the services for which it had been registered. IPOS also ruled that registration of "cosplay" would inhibit the normal use of the word "cosplay" as a descriptive word by consumers in general and by honest traders in the course of business. Consequently, the registration was declared invalid in April 2007.
This case demonstrates the real danger of a registered mark becoming invalid, when the mark subsequently becomes a well-accepted term with an acquired or known meaning that is descriptive of the goods or services for which it is registered.
Source: 新加坡知识产权局
Keywords:patent
Related Articles:
- Shanghai: Two Districts Jointly Launch IP Law Enforcement
(2009-09-15) - Hunan: Changsha to Subsidize Enterprises' First Patent Application
(2009-08-03) - SPC: 4 Kinds of Cases Must Be Tried by IPR Tribunals
(2009-07-21) - SIPO Survey: 70% Patents Go Beyond Drawing Board
(2009-06-01) - [Imports Management] China to Amend Patent Law, Eyes Stricter Penalty for Violat
(2009-05-28) - Patent Strategies for Foreign R&D Work in China
(2009-01-16) - Assessment of Clarity for the Description of a Patent Application——Comments on t
(2009-02-02) - International Forum on Patent Protection and Public Health Held in Beijing, Zhan
(2009-01-04) - China Revises Patent Law to Encourage Innovation
(2009-01-04) - China Mulls Security Scrutiny for Patent Applications
(2009-01-04)


