28 Mar 2008
CHI WING AND LAW OI YING t/a SINGAPORE HEADWAY MEDICINE CO v. ENG KWAN LAN t/a KAM YING TRADING CO
- Citation
- CHI WING AND LAW OI YING t/a SINGAPORE HEADWAY MEDICINE CO v. ENG KWAN LAN t/a KAM YING TRADING CO
- Court
- Court of First Instance
- Case number
- HCMP730/2007
The court held that while it is permissible practice to treat s.10 distinctiveness separately from s.12/s.22 proprietorship issues, the Hearing Officer erred by considering only notional fair use and failing to account for actual use when assessing likelihood of deception; accordingly the first limb of s.12(1) (likelihood of deception) and the question of honest concurrent use under s.22 are remitted to the Hearing Officer for rehearing; the respondent may challenge below despite absence of a formal notice of cross-appeal and costs are reserved as ordered.