The case began when Dol Technology Pte Ltd decided to register the word and figurative trademark “TIKI” in Singapore. There would be nothing unusual or conflicting about this, except for the fact that the applicant operates in the social media industry and its business is based on short video content in the form of a smartphone application.
Does this sound familiar to anyone? The owner of TikTok, Bytedance Ltd, did not have to wait long to react.
Dol Technology Pte Ltd’s intention to register the word and graphic mark “Tiki” did not sit well with the owner of TikTok, who decided to oppose the application and file an objection with the Intellectual Property Office of Singapore (IPOS).
Bytedance’s main argument was based on the potential risk of confusing consumers regarding the services offered by the two competing entities. The company argued that the trademark TIKI, especially in the context of similar services (creating short video clips), is too similar to the well-established global brand TikTok. The company emphasized TikTok’s immense popularity in Singapore, presenting impressive download statistics, a large base of active users, and a broad media presence. This evidence was intended to establish TikTok’s portal, and consequently the mark, as a widely known trademark in Singapore, which could grant it broader protection under trademark law. Furthermore, the common use of the word “Tik” in both trademarks creates a significant risk of confusion and misrepresentation regarding the origin, especially considering the nature of the services offered by both companies.
In assessing the case, despite acknowledging Bytedance’s arguments, the IPOS on June 14, 2024, issued a decision stating that the owner of the popular TikTok platform failed to prevent the registration of the TIKI trademark by Dol Technology Pte Ltd. This decision was based on several key factors.
First and foremost, the decision emphasized the importance of the distinctive features of both trademarks when considered as a whole. The IPOS noted the presence of the word “Tik” in both trademarks, but the decision placed significant emphasis on the unique graphic elements that accompany the verbal component of the TikTok logo. According to the IPOS, these unique design elements help to differentiate the two trademarks and minimize the risk of confusion and misleading consumers. Another important issue was the overall impression created by both trademarks. In this case, the visual differences between the TIKI trademark and the TikTok logo were deemed significant enough to prevent consumers from confusing the two brands.
The IPOS decision allows Dol Technology to register the TIKI trademark for its video application. However, Bytedance may choose to appeal this decision, which could lead to further legal disputes and delay the final registration of the disputed trademark.
The above ruling serves as a reminder that in a world where digital presence is of immense importance, brand protection requires not only a strong market position but also a well-thought-out and comprehensive legal strategy, with particular attention paid to the specific characteristics of individual areas and regions, as is clearly demonstrated in the above case in Singapore.
Fill out the form and we will get back to you within the next … with a preliminary quote.
