IPOS sides with Harvard University in TM dispute with alumni club
Alumni club Harvard Club of Singapore has been unsuccessful in its bid to stop Harvard University from registering two trademarks in Singapore.
In a decision published on Thursday, October 17, the Intellectual Property Office of Singapore (IPOS) rejected the alumni club’s arguments that the university could not register two trademarks, ‘Harvard Club of Singapore’ and ‘Harvard University Club of Singapore’.
The club had based its opposition on the grounds that both marks were applied for in bad faith and that the club’s goodwill attached to Harvard Club of Singapore would be damaged if either mark was allowed to proceed to registration.
In making its decision, the IPOS examined the relationship between both parties and found that a licensor-licensee relationship existed between them.
The Harvard Club of Singapore was previously recognised by the university as the official Harvard club in Singapore. However, in 2015, the university terminated its relationship with the club and revoked its status as a recognised Harvard alumni club.
The IPOS said that because the Harvard Club of Singapore was previously recognised as an official club of the university, Harvard University was the ‘licensor’ and the default owner of the goodwill attached to the alumni club’s name. It said that it was well within the university’s right to file for registration of the trademarks.
Additionally, the IPOS found the club had previously acted in a manner consistent with that of a licensee when it sought the university’s help in enforcing the ‘Harvard’ trademarks against an unauthorised alumni body.
The office said this was “powerful evidence” that the club “did not regard itself as an independent rights holder in respect of ‘Harvard’ or ‘Harvard Club of Singapore’”.
The IPOS ordered the club to pay the university costs of $9,000 (US$6,600).
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