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Target files opposition to Singapore bag brand Aupen’s US trademark application

Target files opposition to Singapore bag brand Aupen’s US trademark application

Source: Straits Times
Article Date: 30 Sep 2025
Author: Carmen Sin

Target has claimed possible confusion between Aupen and Target’s underwear and sleepwear line, Auden.

American retail giant Target began opposition proceedings against Singapore bag brand Aupen’s application to register its trademark in the United States on Sept 24 – the last day of Target’s deadline to do so.

According to public documents, the budget chain based its challenge on the likelihood of confusion between Aupen and Target’s underwear and sleepwear line Auden, as well as the priority of Target’s trademark, which was registered in the US in 2019, before Aupen’s attempt in 2023.

The threat of a trademark dispute with Target, which had earlier prompted the popular home-grown fashion label to lay off its staff and suspend its web store, is now realised, with the matter to be decided by the American IP office’s Trademark Trial and Appeal Board.

Singaporean founder Nicholas Tan’s public response to the legal tussle – which he had said was fatal to Aupen’s business – has drawn much attention since Sept 9. The brand, which retails only online, had by then wiped its website of all products, let staff go and cleaned out most of its Instagram page.

Netizens were split on whether he was a sympathetic David to Target’s Goliath or eager for publicity.

Then the Pofma Office, which administers Singapore’s fake news law, issued a correction direction to Aupen and Mr Tan on Sept 22. Mr Tan had posted several lengthy statements on the matter on his business and personal Instagram pages, three of which contained accusations against the Intellectual Property Office of Singapore (Ipos).

The designer had claimed Ipos told him not to pursue a retaliatory trademark challenge against Target in Singapore as he would likely lose, and that Singapore’s trademark laws favoured foreign businesses over local ones.

He also said Ipos had told him that legal reform against bad faith, or dishonest, trademark registrations in Singapore was impossible, and that it would give support to foreign companies over local ones. 

In a lawyer’s letter from Target that Aupen posted on Aug 25, Target had asked Aupen to detail why it believes confusion is not likely.

According to Target’s notice of opposition, Aupen had not responded to any of its letters. Neither did its lawyers send any “substantive response” to Target.

Aupen’s viral sloping handbags were typically priced below $600 and approved by American celebrities. They had been carried by stars like singer-songwriters Taylor Swift and Madonna, and actress Jennifer Aniston.

Intellectual property lawyer Jonathan Kok had told The Straits Times when news of the bubbling trademark challenge broke on Sept 9 that an opposition is not the end of the world for Aupen.

The partner at Withers KhattarWong said: “Trademark registration is not essential to Aupen doing business. But in this context, if it doesn’t have a trademark registered, it could be more vulnerable to claims of passing itself off as being associated with Target.”

The cost of mounting a defence is “manageable”, but businesses usually prefer to use the money for marketing or something commercially profitable, he added. He declined to give a price range.

Aupen and Mr Tan published Pofma correction notices on Instagram on Sept 22.

According to checks on Sept 29, Aupen has updated its website with a prompt for visitors to fill in their e-mail address to sign up for its next release.

ST has contacted Mr Tan for comment on Aupen’s next steps.

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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