Follow us on Telegram for the latest updates: https://t.me/mothershipsg
The Eng's wanton mee drama continues, this time with a victory for the daughters of the founder, Ng Ba Eng.
In the latest twist, the daughters of the founder, Ng Mui Hoong and Ng Mei Ling, have been allowed to register trademarks for three notable features of the Eng's brand, after a Jun. 27 decision by the Intellectual Property Office of Singapore (IPOS).
These features are the Chinese characters "榮高", the wording "Eng's", and a graphic that comprises the English wording and the Chinese characters.
The disputed graphic. Image via ENG's Char Siew Wantan Mee/Facebook.
These features also appeared on the signboard of Ng Ba Eng's Dunman Food Centre stall.
The Ng sisters made the trademark applications back in 2018.
In 2019, Pauline New Ling Ling filed her opposition to the Ng sisters' application.
New is the wife of Jason Sim, the ex-business partner of Ng Ba Eng's son, Desmond Ng.
For a little context, Ng Mui Hoong and Ng Mei Ling now sell their father's famous wonton noodles under the company and brand name "Eng’s Char Siew Wantan Mee Pte. Ltd.".
If this starting to sound like a soap opera plot, you can catch up on the drama here:
Two arguments made in opposition
New made two arguments in her opposition.
First, the use of the trademarks by the sisters' company would constitute passing off, and cause confusion amongst the public by misrepresenting that business as the original Eng's.
Second, New complained that the Ng's sisters made the application in bad faith.
Eng's Noodle House Pte. Ltd. had ceased operations
The decision by the IPOS's adjudicator, Andy Leck, was that the sisters' use of the trademarks would not constitute passing off.
Explaining his decision, Leck noted that, by law, goodwill can only exist if there was an operational business for it to be attached to.
New and her husband had initially launched a joint business venture with the late Ng and his son under the entity "Eng's Noodle House Pte. Ltd.".
Since the company "Eng's Noodle House Pte. Ltd." had ceased operations since Feb. 28, 2018, no such goodwill can exist, Leck wrote.
The food stall at 287 Tanjong Katong Road stall was taken over by a new entity, "Eng’s Wantan Noodle Pte. Ltd.", owned by New, her husband, and their business partners.
It continues to operate the 287 Tanjong Katong Road stall today, as well as four other outlets around Singapore, two of which are under the "ENG's Heritage" brand.
Eng's wantan noodle at 287 Tanjong Katong Road. Image via ryan/Google Maps.
Ng family had used trademarks for decades
Leck also noted that while New's business had only used the trademarks for six years, the Ng family, including the late Ng, had used them for decades.
This, and also the fact that Desmond Ng now works for the Ng sisters' business, would more likely result in the public associating the trademarks with Ng's family rather than New's business, Leck wrote.
No bad faith
New's representatives made several arguments in support of the claim that the trademark application was made in bad faith, including that the Ng sisters knew that the marks were used by New's business, that the Ng sisters failed to check the bona fide interest in the marks with New's business, and that the trademark application was made with the intention of preventing New's business from using the marks
Leck found that the Ng sisters' application did not amount to bad faith.
Instead, he found it convincing that the Ng sisters' intention in making the trademark application was out of concern for the family's legacy, and that at the time of application, they truly believed they had the right to make the application and were not expected to investigate the other party's interest in the trademarks before seeking registration.
Ng family will pursue infringement claims
In a statement to The Straits Times through a lawyer, the Ng family said they will be pursuing the matter with New and her business partners for "infringement of the Eng's name".
Related articles:
Top image via Google Maps