Google’s attempt to block the registration of the trademark “grMail” by Green Radar in Singapore has been unsuccessful, as the Intellectual Property Office of Singapore (IPOS) rejected its opposition.
Green Radar, an IT security company, applied for the registration of “grMail” under Trade Mark No. 40202109944T in Classes 42 and 45 on April 29, 2021. These classes cover services related to electronic monitoring and security.
Google, holding the trademark for Gmail in several countries, opposed the registration on November 9, 2021, citing confusing similarity, anti-dilution, and unfair advantage among its grounds.
However, according to Senior Assistant Registrar and IP Adjudicator Cheng Pei Feng of the Supreme Court of Singapore, Google’s opposition fails on all counts.
Regarding confusing similarity, the decision published by IPOS on February 16, 2024, stated that while “grMail” and “Gmail” are somewhat similar, there are also noticeable differences between them, making them distinguishable to the average consumer. Additionally, the services offered by Google and Green Radar were found to be dissimilar.
On the grounds of dilution, Cheng acknowledged Gmail’s widespread recognition but concluded that any association between “grMail” and Gmail wouldn’t significantly harm the distinctiveness of Gmail.
Concerning unfair advantage, Cheng noted the absence of evidence suggesting that Green Radar would gain unfair benefits from using the “grMail” mark.
As a result, Green Radar’s trademark registration for “grMail” will proceed, with Google instructed to pay US$12,000 to Green Radar.
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