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The word, "cosplay" was registered in the name of Tan Yueh Han trading as SCC Square in 2004, in relation to conducting workshops, publishing books, organising competitions, entertainment services, cultural and educational exhibitions, movie production and similar services in Class 41. This registration was challenged as invalid by Singapore Street Festival Ltd on the grounds that "cosplay" is a widely known term that is generic and therefore not distinctive.
After a hearing, IPOS agreed that the evidence does point to "cosplay" having a generic, descriptive meaning or significance - that it describes a particular hobby, culture or activity (that of dressing up in costumes to look like anime or fictitious characters). "Cosplay" was therefore found to be devoid of distinctive character as regards the services for which it had been registered. IPOS also ruled that registration of "cosplay" would inhibit the normal use of the word "cosplay" as a descriptive word by consumers in general and by honest traders in the course of business. Consequently, the registration was declared invalid in April 2007.
This case demonstrates the real danger of a registered mark becoming invalid, when the mark subsequently becomes a well-accepted term with an acquired or known meaning that is descriptive of the goods or services for which it is registered.
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