Reemtsma v Hugo Boss: Service of Originating Motion Out of Jurisdiction
Reemtsma Cigarettenfabriken GmbH filed originating motions to rectify the Singapore register of Trade Marks against Hugo Boss AG. Hugo Boss AG applied for an order declaring that the Notice of Originating Motion was not duly served on them outside of the jurisdiction. The High Court made no order on both applications, finding that Reemtsma Cigarettenfabriken GmbH had adequately demonstrated that they had complied with Order 11 r.4.
1. Case Overview
1.1 Court
High Court1.2 Outcome
No order made on the applications to declare that the Notice of Originating Motion was not duly served.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Reemtsma Cigarettenfabriken GmbH v Hugo Boss AG involves a dispute over service of originating motions outside of Singapore and the court's jurisdiction.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Reemtsma Cigarettenfabriken GmbH | Applicant | Corporation | Neutral | Neutral | Kung Wee Teck Edwin, Catherine Lee |
| Hugo Boss AG | Respondent | Corporation | Neutral | Neutral | Tan Chau Yee |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kung Wee Teck Edwin | Rodyk & Davidson |
| Catherine Lee | Rodyk & Davidson |
| Tan Chau Yee | Tan JinHwee Eunice & Lim ChooEng |
4. Facts
- Reemtsma filed originating motions to rectify the Singapore register of Trade Mark by revoking the entry relating to Trade Mark No. T87/05010G and T74/59825G.
- Reemtsma claimed Hugo Boss AG had not put the trademark to genuine use within 5 years following registration.
- Reemtsma was granted leave to serve out of the jurisdiction on Hugo Boss AG in Germany.
- Hugo Boss AG applied for an order declaring that the Notice of Originating Motion had not been duly served on them.
- The judicial authorities of the District Court at Bad Urach issued a Service Certificate.
- The Respondents did not take issue with the genuineness of the Service Certificate.
5. Formal Citations
- Reemtsma Cigarettenfabriken GmbH v Hugo Boss AG, , [2003] SGHC 4
6. Timeline
| Date | Event |
|---|---|
| Origination Motion nos. 600007 of 2002 and 600008 of 2002 filed | |
| Leave granted to serve out of jurisdiction on the Respondents in Germany | |
| Originating Motion nos. 600007 and 600008 were served on the Respondents | |
| M/s Rodyk and Davidson received a certificate of service from the Registry, Supreme Court | |
| Judith Eckl swore two similar affidavits in support of the Order 12 r.7 applications | |
| Respondents filed two separate applications pursuant to RSC Order 12 r 7 | |
| Lee Su Yee filed affidavit exhibiting certificate of service | |
| Lee Su Yee’s 3rd affidavit filed exhibiting English translation of the certificate | |
| Decision Date |
7. Legal Issues
- Service of Notice of Originating Motion out of jurisdiction
- Outcome: The court found that the Applicants had adequately demonstrated that they had complied with Order 11 r.4 and made no order on the applications.
- Category: Procedural
- Jurisdiction of court
- Outcome: The court held that the basis of jurisdiction of the court depended on service.
- Category: Jurisdictional
8. Remedies Sought
- Order declaring that Notice of Originating Motion no. 600007 of 2002 and Notice of Originating Motion no. 600008 of 2002 have not been duly served on them outside of the jurisdiction.
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
11. Industries
- Manufacturing
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 1997 Rev Ed) O 11 r 3(5) |
| Rules of Court (Cap 322, R 5, 1997 Rev Ed) O 12 r 7 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Service out of jurisdiction
- Originating motion
- Service certificate
- Jurisdiction
- Trade mark
15.2 Keywords
- Service
- Jurisdiction
- Originating Motion
- Singapore
- High Court
16. Subjects
- Civil Procedure
- Service of Process
17. Areas of Law
- Civil Procedure
- Trade Mark Law