LG Electronics applied to register the trade mark QUADBEAT in Singapore for a range of audio goods in Class 9.
The application was opposed by Beats Electronics, the owner of the (arguably) well-known BEATS audio goods, as well as several prior Singapore trade mark registrations for, and including, BEATS covering audio goods in Class 9.
The opponent argued that consumer confusion would be likely to arise as a result of the similarity between the BEATS marks and the applicant’s QUADBEAT mark. However, the IP Adjudicator found that the trade marks QUADBEAT and BEATS were ‘more dissimilar than they were similar’ when considered visually, aurally and conceptually. Accordingly, the opposition failed.
As a further note, the opponent had also argued that the QUADBEAT trade mark had been filed in bad faith. On this, the IP Adjudicator found that it cannot have been a bad faith filing when the trade marks have been found to be dissimilar.
To view the Office decision, click here.
This article is an extract from Spruson & Ferguson’s Asia-Pacific Regional Trade Mark Update. You can view the entire summary here.