Trademark Battle : Twitter Won Its Bird Logo In Singapore
As the most popular social media platform worldwide, Twitter will not allow any attempts to easily
bear its iconic blue bird-in-flight. Twitter has increased its efforts in keeping an eye on anyone trying
to infringe or replicate its logo. This is what recently happened in Singapore.
V V Technology Failed To Obtain A Trademark For Its Hummingbird Logo
The Singapore tech start-up, V V Technology, was unable to register a trademark for its hummingbird
logo, which consisted of a yellow hummingbird in flight, after it was opposed by Twitter, a United
States-based company.
The High Court dismissed the applicant’s appeal, citing the likeness of a bird in flight to Twitter’s
well-known trademark. The tech start-up applied for trademark registration in September 2018, and
the logo was initially planned to be launched on the mobile application for online shopping and food
delivery services.
The High Court dismissed the applicant’s appeal, citing the likeness of a bird in flight to Twitter’s
well-known trademark. The tech start-up applied for trademark registration in September 2018, and
the logo was initially planned to be launched on the mobile application for online shopping and food
delivery services.
However, V V Technology denies the likelihood of confusion between the two logos, arguing that
Twitter’s worldwide reputation will hardly be affected by small tech startups like them. They claim
that their mobile app users, whom they define as “digital natives,” are unlikely to mistake the two
bird logos.
Twitter Arguments On The Likelihood Of Confusion
Since its establishment in 2006, Twitter operated under its registered marks and variations. The
brand strategy has always been synonymous with bird logos in connection to its goods and services.
Twitter co-founder Jack Dorsey previously stated that “Twitter means a short inconsequential burst
of information, chirps from birds.”
In September 2019, Twitter filed a notice of opposition to V V Technology, seeking to prevent the
start-up from registering a similar bird logo. It was found that V V Technology filed a broad range of
goods and services that might overlap with Twitter’s registered mark.
Twitter has won the legal fight.
Twitter has effectively established the grounds for opposition based on the potential risk of
misleading from conceptual similarity. The presence of two bird symbols in both logos may lead users
to mistakenly assume an economic affiliation between the brands, posing a significant threat to their
respective reputations.
Likelihood Of Confusion
As stated by article 8 (2) – “A trademark must not be registered if, because (b) it is similar to an
earlier trademark and is to be registered for goods or services identical with or similar to those for
which the earlier trademark is protected, there exists a likelihood of confusion on the part of the
public”.
In the decision that V V Technology appealed against, the principal assistant registrar found that the
marks are visually similar when rendered in yellow and compared side by side. Both marks depict a
side image of a bird flapping its wings and appearing relatively small, which is conceptually similar to
a fair degree, leading to a likelihood of confusion.
The Final Decision
As a result, the application from the startup was rejected by the Singaporean Trademark Office due
to the similarity between the marks. In order for an opposition to be accepted, certain requirements
must be fulfilled including similarity between the specimens and similarity between the goods and
services offered by the opposing parties.
The decision made by the Trademark Office has raised concerns among IP experts. While it appears
to align with the provisions of the law, some argue that the interpretation of the “likelihood of
confusion” concept has been too broad. They believe that the concept should be understood as the
“belief of consumers that the services originate from the same source,” which was not the case in
this situation.
It is evident that in Singapore, startups and young entrepreneurs still lack awareness of effectively
managing their IP rights and avoiding trademark disputes. However, there is a growing understanding
of IP concepts, indicating that progress is being made. While there is still an opportunity to succeed,
get an IP expert to help you and don’t give up, keep flying high!
This article is brought to you by Exy IP PTE. LTD.