Trademark rights in Singapore

[Babyt]

My fren brought in this brand of products from overseas directly from the manufacturer with exclusive disty rights in Singapore.

 

Currently, another competitor is also selling these products in sg but goods were sourced from parallel import.

 

My fren has already registered himself as the trademark owner for this brand in SG. My fren has also registered the ingredients of the products via gov authority but not the competitor.

 

can anyone advise me what sld my fren do to drive this competitor out of the field as this is unfair playing field.

 

 

 

[Nikkei121]

if he is not the original manufacturer of that overseas brand, how can he register the brand or name as his trademark? it can be made null and void. There is no law against parallel importers, as it'll be anti-competition.

 

[Silver_blade]

I feel there is very little your friend can do. I don't think the PI infringe any trademark regulation/law...unless the PI sell is not something that is made/licensed by the original trademark owner.

[Jeleburacer]

perhaps, TS is trying to tell us it is a PI OEM products, anybody can register their own name.....

[Leo72]

My fren brought in this brand of products from overseas directly from the manufacturer with exclusive disty rights in Singapore.

 

Currently, another competitor is also selling these products in sg but goods were sourced from parallel import.

 

My fren has already registered himself as the trademark owner for this brand in SG. My fren has also registered the ingredients of the products via gov authority but not the competitor.

 

can anyone advise me what sld my fren do to drive this competitor out of the field as this is unfair playing field.

 

Your friend need to find out more about where the PI get his goods.

 

1. If the Manufacturer give him exclusive rights, then the manufacturer cannot sell the goods to PI and let the PI sell in Singapore. If the PI do that, he can complain to the PI.

 

2. If the PI go through a third party which sell to the PI at a lower cost than what your friend is getting from the Manufacturer, complain to the manufacturer.

 

3. Does the PI maintain warrantly for the products or your friend indirectly need to offer warrantly for the product? Your friend can chose not to offer warrantly to the product not sell by him.

 

The above 3 points, your friend need to go through the contract sign between himself / herself and the manufacturer before doing anything.

 

4. If the PI is getting the goods at a higher price and still can sell much lower than your friend, then your friend really got to think where went wrong on his / her part. If someone can get the goods at a much higher price but can sell much lower, your friend is making too good a profit. Time to reflect on himself / herself.

 

[Jman888]

Your friend does not have the trademark right but was assignee in Singapore perhaps (must have document from the manufacturer to prove the assign right).

 

When you mentioned ingredient, what products are your referring to (food, cosmetic, or)? if it is sensitive and control by local authority, the PI should have been banned. However, there is always a backup from the manufacturer to assign other major region distributor license to import to Singapore not via the local agent, then your friend can't stop that.

[Babyt]

its actually skincare products. HSA requires authorised dealers to PAY AND declare the ingredients which the manufacturer gave the recipes to my fren to declare to HSA.

 

Apparently there is a flaw in the system, ppl could be found selling same comestics online and also via PI and yet they did not declare and HSA doesnt even do a thing to punish them! its so unfair when my fren is playing by the rule and yet HSA doesnt follow the rule to help these ppl.

 

Apparently, this PI took his goods from another disty in other country and he brought down the price slightly lower to kill us coz this PI do not need to depend on just these products to survive unlike my fren.

Edited April 20, 2010 by Babyt

[Kwchan]

can anyone advise me what sld my fren do to drive this competitor out of the field as this is unfair playing field.

 

It is part and parcel of doing business...

 

just like the car AD spend so much $$ on marketing campaign and advertisement, then we have PI that bring in cars at lower price.

[Little_prince]

your friend not very good at doing business lor....

[Babyt]

ya not good at biz coz just starting out...lol.

 

can call her entrenupherur however u spell it.

[Jman888]

its actually skincare products. HSA requires authorised dealers to PAY AND declare the ingredients which the manufacturer gave the recipes to my fren to declare to HSA.

 

Apparently there is a flaw in the system, ppl could be found selling same comestics online and also via PI and yet they did not declare and HSA doesnt even do a thing to punish them! its so unfair when my fren is playing by the rule and yet HSA doesnt follow the rule to help these ppl.

 

Apparently, this PI took his goods from another disty in other country and he brought down the price slightly lower to kill us coz this PI do not need to depend on just these products to survive unlike my fren.

 

Retailers (in this case the PI) have 3 years to obtain the official license from the manufacturer for certain cosmetic products to register with HSA, HSA is doing it in phases. If i am not mistaken, eyes & lips come first, others got 3 years grace till 2012.

 

Hope this would help

Edited April 20, 2010 by Jman888

[Watwheels]

I heard of similar story before but it's the ex employee who became a competitor. So what the boss did was he sell his products at half the price of what his ex employee is selling. Becos the boss got money to play such game but the employee dun have so much capital to compete with him so his company falls apart. After that the boss up the price twice of the original price of his products to recoup losses made during the competition.

[Babyt]

so sad hor...do biz must be scheming...too kind ppl eat u.

 

[Freestylers09]

My fren brought in this brand of products from overseas directly from the manufacturer with exclusive disty rights in Singapore.

 

Currently, another competitor is also selling these products in sg but goods were sourced from parallel import.

 

My fren has already registered himself as the trademark owner for this brand in SG. My fren has also registered the ingredients of the products via gov authority but not the competitor.

 

can anyone advise me what sld my fren do to drive this competitor out of the field as this is unfair playing field.

 

 

how ur friend register himelf as trademark owner as he is not the owner of the brand?

 

and also only if the brand give him exclusive agent rights, then only he can sell here alone like formerly an air con brand did this way, but now open market liaoz

 

in bizness ,theres no fair or what de lor...

 

i bought in Headset, sold quite alot, then others starting bring in, now my leftover are just selling in cheap cheap to clear stocks as i covered my price and profit liaoz..

 

btw is it xxx79 one?

Edited April 20, 2010 by Freestylers09

[Babyt]

hmm the manufacturer did not register trademark for WW, only their home country, so they are ok w my fren registering TM for Sg market.

[Jman888]

hmm the manufacturer did not register trademark for WW, only their home country, so they are ok w my fren registering TM for Sg market.

 

registration of trademark and applying license from HSA are two different issues. Even if you apply for the trademark, you are an assignee to register in singapore. you can sue someone who is using the trademark here (note: but if they are selling the original product from the manufacturer, you can't sue them!).

 

register with HSA is more critical in this case. however, the manufacturer must meet many criteria set by the HSA to qualify for the registration (like the GMP cert), if their products contain questionable ingredient, HSA will not issue them the license. No different if another person get them in via online or PI. In time to come, these products are not allow to be sold here, include your friend.