Twitter Restrains Singapore-Based Tech Firm from Using Bird Logo as Trademark

A local Singapore-based tech firm, V V Technology, has recently been restrained by the American social networking and microblogging platform, Twitter, from using a bird logo as its trademark following a dispute with the social media giant over the trademark’s registration. The start-up had plans of displaying the bird logo in a mobile app on which it has been working since December 2018. The objective of the mobile app is to serve as a platform hosting an extensive range of services and products catering well to the users’ personal and lifestyle requirements, such as food delivery and online shopping. The app is yet to be launched.

On its official website, V V Technology has mentioned that it uses the latest technology, including blockchain and AI, to reinvent the workspace and is dedicated to creating a smart and comprehensive enterprise and work management suite. An online check conducted by a Singaporean newspaper showed that the firm worked with the students of the Singapore Management University on projects focusing on online business solutions in 2019. Furthermore, the firm obtained a travel agent license from the Singapore Tourism Board two years ago for being able to provide travel-related services and products on its mobile app.

On 10th September 2018, V V Technology filed a Trademark Application to register a logo of a bird in flight. Twitter opposed the Trademark Registration by arguing that the logo was way too similar to its bird mark, which is an already existing Registered Trademark, among other things.

The American social media giant eventually defeated V V Technology in the case, with Mr. Mark Lim, the principal assistant registrar of trademarks, giving a judgment in its favor.

In his ruling dated 11th March 2022, Mr. Lim found that the two marks in question, although to a low extent, are visually similar. Among several other aspects, both logos portray a bird in the side profile and don’t show any features, such as the eyes. He also stated that the two logos are conceptually identical as they represent the notion of ‘bird in flight.’

In evaluating whether the consumers would get confused by the two logos in question, Mr. Lim said that the reputation and brand image of Twitter’s logo would reduce the possibility of confusion. However, he also found that the consumers may still get confused as they may perceive an economic link between the two logos. They may either believe that V V Technology’s logo is a new version of Twitter’s icon or that it is a modified logo that Twitter is using for its new set of digital services concerning its current business. He didn’t agree with V V Technology’s argument, which said that people who use mobile apps are digital natives. The tech firm had claimed that mobile app users were unlikely to get easily confused or deceived by the two logos. In his grounds of decision, Mr. Lim said that while some people may be more tech-savvy than others, a substantial proportion isn’t. He agreed with Twitter when it said that some services offered by both companies, including the ones related to the provision of info, are likely to be offered at low costs or for free. He added that an average customer is likely to pay a low or below-average degree of attention while procuring such services and is, therefore, more likely to get confused between the two logos.

When it comes to V V Technology’s mobile app, Mr. Lim said that there is no compelling reason concerning why an individual would pay due attention before installing a mobile app that is free of cost. He further stated that even if the wrong mobile app is installed, it is pretty simple to delete it and install the correct one. For more visit: https://www.trademarkmaldives.com

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