SINGAPORE: A Singapore-founded tech start-up will not be able to register for its bird logo to be trademarked after a High Court dismissed its appeal, which was opposed by United States-based Twitter.
He found that V V Technology's application mark had been registered for a very broad range of goods and services, some of which overlapped with those for which Twitter's mark had been registered. It owns and operates the Twitter platform, one of the largest social networks in the world today, said Judicial Commissioner Goh.
The Twitter platform operates under its registered mark and its variations, with co-founder Jack Dorsey previously saying that"Twitter means a short inconsequential burst of information, chirps from birds". Judicial Commissioner Goh Yihan found that Twitter's opposition is to succeed, as the competing marks are visually and conceptually similar to a fair degree, with a likelihood of confusion.
V V Technology also argued that while both birds are depicted in flight, the movements implied by the position of their bodies, wings and position of their heads are different.V V Technology also argued that their bird had three wings but Twitter's bird had a single wing with three distinct feathers."In the first place, I cannot understand how a bird, unless it is of the mutated variety, can have three wings.
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