Luxury jewellery house Cartier has lost a trademark case against a leading pawnbroking chain with shops across Singapore and Malaysia.
Cartier’s lawsuit preventing jewellery pawning shop MoneyMax from using the ‘love’ trademark has been rejected by a court in Singapore.
This follows a long standing lawsuit whereby Cartier has tried to stop MoneyMax from registering a trademark which includes the word ‘love’ positioned above the word ‘gold’, enclosed within a rectangular symbol.
MoneyMax had applied to register its ‘Love Gold’ mark under the Act’s Class 14 for jewellery and Class 35 for retail and other services relating to jewellery.
The application, made in January 2017, was for use in a range of its jewellery products, including chains, earrings and bracelets as well as for retail services, such as marketing, online advertising and other goods.
Cartier was relying on an earlier registration of its stylised ‘love’ mark in Class 14 goods to support its case. Items in which the mark is used include cufflinks, rings and brooches.
In Cartier’s trademark-registered use of the word ‘love’, the letter ‘O’ is replaced with the device of a slotted screwhead and the letter ‘e’ is in lower case, unlike the other letters in the word.
In the case against MoneyMax the judge concluded that the Application Mark is not distinctive and is descriptive of jewellery.
The Singapore Times reports registrar Mark Lim Fung Chian saying: “A (love) bracelet may represent a metaphorical shackle of a person’s loved one. The word ‘LOVE’, however, should be free for traders to incorporate into their trademarks for jewellery.”