This case concerns an application before the Intellectual Property Office of Singapore (IPOS) by SubAir Systems, LLC for a declaration of invalidity against the registered mark, “SubAir & device” in Class 7 under the Registered Proprietors, SubAir Systems Asia Limited (“SubAir Asia”).
As the parties in this case had contractual dealings in the past, the background facts are pertinent to the issue of invalidation that arose in Singapore after SubAir Asia successfully registered the SubAir Mark as illustrated below: