Spanish retailer Mango’s attempt to block TheFaceShop’s trademark for “Mango Seed TheFaceshop” in Singapore has been overruled.
The Intellectual Property Office of Singapore (IPOS) called the Mango trademark "not highly distinctive" because it "could be considered descriptive of the products," such as mango-flavored or scented. The ruling found that TheFaceShop’s trademark’s use of the words "The FaceShop" and "seed" served to distinguish it from the Mango trademark. In particular, it noted that the use of the word “seed” eliminated any possible confusion between the two marks.
The decision also pointed out the differentiator that cosmetics purchases tend to be “highly personal” buys where consumers pay closer attention to the origin and trademarks of the products.
Mango, owned by Consolidated Artists B.V., first used its trademark in 1984. Its clothing is sold in more than 100 countries. TheFaceShop is a South Korean skincare and cosmetics manufacturer with stores in over 20 countries. It applied for the two trademarks for its Mango Seed products in Singapore in 2013.
Hmmm . . . using the name of a fruit as a company name sounds familiar. So, does this case bring to mind any similar trademark cases?