Google
Google

Singapore Trademark Update: Singapore’s IPOS Rejects Google’s Opposition to “grMail” Trademark

In a recent decision, the Intellectual Property Office of Singapore (IPOS) ruled in favour of Green Radar, an IT security firm, allowing them to register the trademark “grMail” (Trademark No. 40202109944T) for their services under class 42 and class 45. This comes after tech giant Google filed an opposition against the mark, citing potential confusion […]

In a recent decision, the Intellectual Property Office of Singapore (IPOS) ruled in favour of Green Radar, an IT security firm, allowing them to register the trademark “grMail” (Trademark No. 40202109944T) for their services under class 42 and class 45. This comes after tech giant Google filed an opposition against the mark, citing potential confusion with their own established trademark “Gmail”. The case centered around whether “grMail” was confusingly similar to “Gmail” and could potentially dilute the distinctiveness of Google’s brand.

Google’s Arguments:

Google opposed the registration of “grMail” on the following grounds:

  1. Confusing Similarity:
    Google argued that “grMail” is too similar to its well-known trademark “Gmail,” leading to consumer confusion. They believed consumers might mistakenly associate “grMail” with Google’s email service.
  2. Dilution and Unfair Advantage:
    Google contended that allowing “grMail” would dilute the distinctiveness of its “Gmail” trademark and potentially allow Green Radar to gain an unfair advantage by riding on Google’s brand reputation.

IPOS Decision:

IPOS acknowledged a moderate degree of visual similarity between the two marks. However, they ultimately sided with Green Radar, finding the following:

  1. Sufficient Distinction:
    The addition of the prefix “gr” creates enough distinction for the average consumer to differentiate “grMail” from “Gmail”.
  2. Dissimilar Services:
    The services offered under the respective trademarks are distinct. “Gmail” is an email service, while “grMail” relates to IT security services. This difference reduces the likelihood of confusion.
  3. No Dilution or Unfair Advantage:
    IPOS determined that “grMail” wouldn’t likely damage the distinctiveness of “Gmail” due to Google’s brand strength. Additionally, they found no evidence that Green Radar intended to capitalize unfairly on Google’s reputation.

Conclusion:

This decision allows Green Radar to register the “grMail” trademark in Singapore for their IT security services and subsequently the mark has obtained registration in Singapore. Google was also ordered to pay Green Radar US$12,000.
This case highlights the importance of distinctiveness in trademark selection. While some similarity might exist, clear differentiating factors can be crucial in securing trademark registration.

(source: Biro Oktroi Roosseno Singapore)

 

Share article:

Related post

Article
December 5, 2024

Rainha Boki Raja-Ratu Ternate Abad Keenam Belas

Prosa lirik karya Toeti Heraty Eksekutif Produser: Dr. Inda Citraninda Noerhadi Sutradara: Fendi Siregar Penulis Naskah:...
Article
November 1, 2024

DGIP: Participates in the 58th APEC-IPEG Meeting in Peru

Director of Cooperation and Education of the Directorate General of Intellectual Property participated in discussing cru...
Article
November 1, 2024

DGIP: The 17th Meeting of the Patent Cooperation Treaty (PCT) Working Group

The Indonesian delegation represented by the Director of Patents, Integrated Circuit Layout Design (DTLST), and Trade Se...
Article
November 1, 2024

DGIP: Establishment of Indonesia IP Academy

Secretary of the Directorate General of Intellectual Property (DGIP) held a meeting with Deputy Director General for Reg...

Office

Kantor Taman A-9, Unit C1 & C2
JI. Dr. Ide Anak Agung Gde Agung
Mega Kuningan, Jakarta 12950, Indonesia PO.BOX. 4585 Jakarta 1001

Phone

+62-21-5762310 (Hunting)
+62-21-5762308

Email

iprlaw@iprbor.com

Office

+62-21-5762301
+62-21-5762302
+62-21-5762303
(65) 8626-4084 (E-Fax)
© Biro Oktroi Roosseno