SINGAPORE: Spanish fashion retailer Mango lost its attempt to block Korean skincare brand TheFaceShop's trademark registration for the latter's Mango Seed range of products in Singapore.
In a case summary published on Wednesday (Jul 5), the Intellectual Property Office of Singapore (IPOS) said that Consolidated Artists - the trademark owners of Mango - objected to TheFaceShop registering a trademark for its Mango Seed products.
This was on the basis of Consolidated Artists' earlier trademarks for Mango and Mango Adorably, under which it produced goods such as soap, perfumes and cosmetics.
However, the IPOS registrar was of the view that the trademarks looked and sounded different and were "more dissimilar than similar in totality", the agency said.
The registrar noted that the Mango trademark had "some level of distinctiveness" in terms of its font, but that it was nevertheless "not highly distinctive" for the reason that, apart from its font, it "could be considered descriptive of the products" in that they could be mango-flavoured or scented.
The same considerations applied to TheFaceShop's Mango Seed trademark, the registrar said. However, it noted that the Korean skincare brand's trademark included the "particularly long word" TheFaceShop, which it said was "allusive and can be regarded as distinctive of the relevant goods".
"In relation to the likelihood of confusion, there is no risk of misperception of co-branding or any likelihood of confusion in the sense of an economic link between the parties," IPOS said in its case summary.
It added that Mango has consistently used its trademark in a particular font, and that it could not be confused with the Mango Seed trademark, even though the word “Seed” was related to the word “Mango”.
IPOS also said that cosmetics and self-care products were "highly personal" and consumers would be more particular about the origin or trademarks of such goods, and trust some brands more than others.
"These products would entail a relentless scrutiny as to their suitability and quality as a wrong purchase can have detrimental results," it said.