Nike International Ltd v Campomar SL: Trade Mark Revocation for Non-Use

Nike International Ltd appealed against the High Court's decision regarding the trade mark 'NIKE' registered by Campomar SL. Nike International sought to revoke the trade mark due to non-use by Campomar for a five-year period. The Court of Appeal allowed the appeal, upholding the decision of the Principal Assistant Registrar of Trade Marks to revoke the trade mark, finding that Campomar failed to provide overwhelmingly convincing evidence of use of the mark in Singapore during the relevant period.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal Allowed

1.3 Case Type

Intellectual Property

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding trade mark revocation. The court held that Campomar failed to provide convincing evidence of trade mark use in Singapore.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Nike International LtdAppellantCorporationAppeal AllowedWonHarry Elias, Zee Yeng Yun
Campomar SLRespondentCorporationAppeal DismissedLostPatrick Yap, Prithipal Singh

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of AppealYes
Andrew Phang Boon LeongJudgeNo
Yong Pung HowChief JusticeNo

4. Counsels

Counsel NameOrganization
Harry EliasHarry Elias Partnership
Zee Yeng YunHarry Elias Partnership
Patrick YapK L Tan and Associates
Prithipal SinghK L Tan and Associates

4. Facts

  1. Nike International sought to revoke Campomar's 'NIKE' trade mark registration in Singapore.
  2. Campomar registered the 'NIKE' mark in class 3 for perfumery with essential oils in 1989.
  3. Nike International claimed Campomar had not genuinely used the mark in Singapore for five years before the revocation application.
  4. Campomar presented an invoice and bill of lading as evidence of a single transaction with Bhojwani's Pte Ltd in Singapore.
  5. Nike International's investigator found no NIKE perfumes sold at major shopping centers in Singapore.
  6. The court found Campomar's evidence of the goods' arrival in Singapore to be not overwhelmingly convincing.

5. Formal Citations

  1. Nike International Ltd v Campomar SL, CA 45/2005, [2006] SGCA 2
  2. Nike International Ltd v Campomar SL, , [2005] 4 SLR 76

6. Timeline

DateEvent
Trade mark registered by the respondent taking effect
Mark was duly registered
Nike International filed an application to have the mark revoked
Court heard and allowed the appeal
Court gave reasons for allowing the appeal

7. Legal Issues

  1. Trade Mark Non-Use
    • Outcome: The court held that Campomar failed to provide overwhelmingly convincing evidence of genuine use of the trade mark in Singapore during the relevant five-year period.
    • Category: Substantive
    • Sub-Issues:
      • Proof of genuine use
      • Sufficiency of evidence for single transaction use

8. Remedies Sought

  1. Revocation of Trade Mark Registration

9. Cause of Actions

  • Trade Mark Revocation

10. Practice Areas

  • Trade Mark Revocation
  • Intellectual Property Litigation

11. Industries

  • Cosmetics
  • Retail

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Swanfu Trading Pte Ltd v Beyer Electrical Enterprises Pte LtdCourt of AppealYes[1994] 1 SLR 625SingaporeCited to define 'bona fide use' as 'genuine use' in trade mark law, which is relevant to the interpretation of 'genuine use' under the current Trade Marks Act.
“NODOZ” Trade MarkN/AYes[1962] RPC 1N/ACited for the principle that a single act of use can be sufficient to maintain a trade mark registration, but requires overwhelmingly convincing proof.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Trade Marks Act (Cap 332, 1999 Rev Ed) s 22(1)(a)Singapore
Trade Marks Act (Cap 332, 1999 Rev Ed) s 105Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Trade mark
  • Revocation
  • Non-use
  • Genuine use
  • Overwhelmingly convincing proof
  • Bill of lading
  • Invoice

15.2 Keywords

  • Trade mark revocation
  • Non-use
  • Singapore
  • Intellectual property
  • Nike
  • Campomar

16. Subjects

  • Trade Marks
  • Intellectual Property

17. Areas of Law

  • Trade Mark Law
  • Intellectual Property Law