Target challenges SG fashion brand Aupen over US trademark application

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US retailer Target has reportedly initiated opposition proceedings against Singapore fashion brand Aupen’s trademark registration application in the country.

Citing a notice of opposition filed with the US Patent and Trademark Office (USPTO), CNA reported that Target had first sent inquiry letters to Aupen before involving its lawyers. The company alleged that Aupen did not respond to its letters and that its lawyers provided “no substantive response”.

The USPTO has reportedly given Aupen 60 days to respond through its Electronic System for Trademark Trials and Appeals, with a deadline of 26 November. Failure to respond could result in a default judgement and abandonment of the application. If the case proceeds, a trial is likely to take place between August 2026 and April 2027.

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Founded in 2022, Aupen is known for its asymmetrical leather handbags carried by celebrities such as Taylor Swift, Beyoncé and Lucy Liue. Target, meanwhile, relaunched its intimates and sleepwear line “Auden” in July last year.

Target registered its “Auden” trademark in both the US and Singapore in 2017, while Aupen applied to register its own mark in the same jurisdictions in 2023. The Aupen trademark was successfully registered in Singapore that year and remains valid, with no opposition filed locally.

The US opposition follows a legal letter Target had sent to Aupen in August, raising concerns that American customers could be confused by the similarities between “Aupen” and “Auden”.

During the ongoing trademark dispute, Aupen and its founder Nicholas Tan were served with correction directions under the Protection from Online Falsehoods and Manipulation Act (POFMA). According to the Government, Tan had published several false statements on Instagram regarding his interactions with the Intellectual Property Office of Singapore (IPOS) and Singapore’s trademark laws.

Among the false claims were that IPOS had advised him not to pursue a dispute with Target in Singapore and that the nation's trademark regime favours foreign businesses. IPOS stated these were inaccurate and emphasised that Aupen’s trademark in Singapore remains valid and unaffected by the US proceedings.

The correction directions required Tan and Aupen to [ost links to the Government’s clarification, which highlighted that Singapore’s trademark system is “robust, transparent and neutral”.

Earlier this month, Aupen also reportedly said it would be laying off staff without disclosing numbers. Checks by MARKETING-INTERACTIVE on 29 September showed that no products were listed on its website.

MARKETING-INTERACTIVE has reached out to Aupen for a statement.

Trademark battles in fashion are not uncommon. In September last year, golf apparel line Sun Day Red, launched by Tiger Woods and TaylorMade, faced a challenge from sportswear brand Tigeraire.

Tigeraire filed a notice of opposition claiming that Sun Day Red and Woods “unlawfully hijacked” its registered design. At the centre of the dispute were two logos: Tigeraire’s leaping tiger and Sun Day Red’s similar leaping tiger motif featuring bolder lines and the letters “SDR.”

In filings seen by MARKETING-INTERACTIVE at the time, Tigeraire argued its design, registered in 2020, is widely used in the golf industry, including at major events, and is worn by professional golfers such as David Toms. The brand said the similarity between the two logos had created actual consumer confusion and was causing “irreparable harm”.

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