In more detail
Amazon, the proprietor of the registered plain word mark "AMAZON" in Classes 9 and 41 in Singapore, commenced its opposition to the registration of a stylized "AMAZON SURVIVAL" mark in classes 9 and 41 by Survivalverse ("Application Mark"):
Amazon filed the opposition on grounds of confusing similarity, well known marks and passing off. The Principal Assistant Registrar (PAR) ultimately allowed the opposition on the basis of confusing similarity, due to the direct overlap of goods and services and the similarity of the marks.
In arriving at his decision, the PAR held that "AMAZON" was the dominant component of the Application Mark and that, notwithstanding its stylization, there was substantial visual, aural and conceptual — and hence overall — similarity between the marks.
In particular, Survivalverse had argued that the Application Mark conveyed a very different impression from Amazon's plain word mark, pointing to various stylistic features to support that the underlying idea of the Application Mark was survival in a dangerous and hostile environment like the Amazon rainforest.
Amazon had countered that if "AMAZON SURVIVAL" did indeed convey such an impression, the plain Amazon word mark would necessarily do the same. Amazon argued that "SURVIVAL" did not alter the "AMAZON" concept in any meaningful way, since the Amazon rainforest would be understood as a harsh or difficult environment to survive in.
The PAR ultimately agreed with Amazon, finding that "AMAZON" would likely be understood by the general public as a reference to a geographical location: the largest rainforest in the world located in South America and/or the river running through it. If so, the addition of "SURVIVAL" and the stylistic elements, such as the pawprint and the color green, would only serve to reinforce the rainforest/river concept. As it is well understood that the Amazonian environment is harsh and unforgiving, "SURVIVAL" would enhance, not displace, the strong level of conceptual similarity between the marks.
The PAR also accepted that the goods and services for which registration of Survivalverse's mark was sought — "software" in Class 9 and "providing online computer games" in Class 41 — were identical to those covered by Amazon's prior plain word mark "AMAZON" in the same classes.
Given the similarity of the marks and the identity/similarity of the goods and services claimed, the PAR concluded that there would be confusion that the goods/services under the application mark were from or associated with Amazon.
Key takeaways
This decision is a practical one and highlights the utility of filing plain word marks because the assessment of similarity for such marks in the event of a dispute becomes more focused.
The PAR also commented briefly on videogame industry practice, noting that it is not uncommon for game studios and developers to display their house mark in a style different from how it is conventionally portrayed, for example, to fit the theme or setting of the underlying game. On the current facts, given the minor stylistic features of the Application Mark, average consumers could conceivably perceive Survivalverse's mark as a variant or iteration of Amazon's plain "AMAZON" mark. This is an interesting point to note for trademark applicants in the interactive media industry and other industries where such stylistic differences in marks occur in practice.
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