Aupen were not advised to 'back down' in trademark issue & other inaccuracies in Target dispute: IPOS

Amidst recent reports and social media posts about a contest over trade mark rights between Singapore handbag brand Aupen and American retailer Target, the Intellectual Property Office of Singapore (IPOS) released a media statement on Sep. 11 to set the record straight about its involvement.

Clarifications

In the media statement, IPOS wrote: "IPOS would like to clarify several factual inaccuracies in recent media reports and social media posts since Sep. 8, including some that were attributed to Aupen's spokesperson."

IPOS pointed out three such inaccuracies.

• First, the reports and posts claimed that IPOS had advised Aupen to "back down because they will prioritise foreign investments."
• Second, they claimed that IPOS had told Aupen that "there was a high chance of losing" and to "stand down".
• Lastly, they claimed that IPOS had explained that these were in line with Singapore's "national policy" to make the country attractive to multinational corporations.

The above claims are false.

The Straits Times previously reported on Sep. 9 that an Aupen spokesperson told the media that IPOS had asked the brand to back down.

Such claims were also repeated on Aupen founder Nicholas Tan's Instagram, CNA wrote on Sep. 8.

"IPOS would like to clarify that it made no such statements or provided such advice," the authority said.

It added:

"As Singapore’s IP registry, the role of IPOS is to register IP rights and promote IP awareness.

It is neither in our IP regime’s mandate nor in IPOS’ interest to prioritise any company over another.

IPOS does not provide legal advice on trade mark or IP issues to companies which should seek independent legal counsel."

IPOS noted that Aupen applied to register its trade mark in Singapore and the U.S. in 2023, and it registered the brand's trade marks in Singapore after assessing its applications with local laws that same year.

You can read the full IPOS statement on their website here.

Aupen enquired about cancelling trade marks

On Sep. 9, IPOS told Mothership that it met Aupen on Sep. 1 to offer support after it learnt of the opposition Aupen faced in the U.S. over trade marks.

At the time, the IPOS spokesperson said that it was not aware that the matter had become a lawsuit.

It also assured Aupen then that its trade mark registration in Singapore remained valid, and will continue to be so unless and until there is a successful challenge against it in Singapore.

That same day, an Aupen spokesperson shared with Mothership that Target had recently registered the same trade marks in Singapore.

Target challenge

"IPOS understands the anxiety of local companies facing trademark disputes," it said.

IPOS repeated in the Sep. 11 media statement that it had advised Aupen about the procedures, including a window for opposing trademark applications in Singapore, which is built into Singapore's trademark application process.

As for Target, if it wishes to challenge Aupen's registered trademark, it would have to commence proceedings either at IPOS or the High Court.

"As Aupen enquired about 'cancelling trade marks in Singapore', IPOS provided the relevant information and options," the authority further explained.

IPOS also reiterated its support for local SMEs and emphasised that it refrains from advising companies on the merits of legal choices as it was an "impartial IP registry".

"It is our wish to see more home-grown brands succeed internationally," IPOS said, noting that Singapore is home to numerous successful local brands that have secured trade mark protection both domestically and overseas.

Background

Around Sep. 9, news reports broke that Aupen had laid off staff members.

Its Instagram page was wiped, and an Aug. 25 post included several screenshots regarding the relaunch of Target's "Auden" line as well as undated lawsuits from Target's lawyers.

According to the letter, Target raised contention regarding the phonetic and visual similarities of "Auden" and "Aupen".

The letter highlighted the history of Auden, noting that Auden was among many well-known brands, known for its women's intimates and sleepwear since March 2019.

Target informed Aupen via the letter that, if necessary, it might request Aupen to abandon or amend its U.S. trade mark application, and partially or fully abandon the use of the trade mark in the U.S.

As of Sep. 11, some of Aupen's Instagram posts appear to have been restored, and new posts were uploaded since Sep. 9.

Top image via Aupen, IPOS