Trade mark dilution in Singapore: The aftermath of McDonald’s v MacTea

• Main Author: LLEWELYN, David
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2005
• Subjects: Asian Studies; Intellectual Property Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/2430; https://ink.library.smu.edu.sg/context/sol_research/article/4388/viewcontent/TradeMarkDilutionMcDonalds_2005.pdf
• Institution: Singapore Management University

In a unanimous decision delivered in September 2004, the Court of Appeal of Singapore has ruled against McDonald's Corporation in its attempts to stop a small Singapore company, Future Enterprises Pty Ltd, from registering its marks "MacNoodles", "MacTea" and "MacChocolate". This case has international significance as the Singapore court ruled, confirming the position taken by courts in a number of other jurisdictions, that McDonald's did not have an exclusive right over the prefix "Mc" in relation to food and beverages in the absence of deception or confusion. However, Singapore's trade mark laws have since undergone a major revamp. Under the new laws, greater protection is accorded to well known marks. This paper studies the Singapore Court of Appeal's decision in the McDonald's case and comment on whether its result would have been different under the new laws.