On 22 September 2025, the Ministry of Law announced that Minister for Law and Second Minister for Home Affairs Edwin Tong had instructed the POFMA Office to issue Correction Directions to Nicholas Tan and his company Aupen.
The action follows a series of public statements made on Instagram that, according to the Government, contained false claims about the Intellectual Property Office of Singapore (IPOS) and Singapore’s trade mark regime.
The Correction Directions were issued under the Protection from Online Falsehoods and Manipulation Act (POFMA). The Ministry stated that the disputed posts could mislead the public and undermine confidence in the impartiality of Singapore’s intellectual property institutions.
The disputed statements had been published via Instagram Stories and posts between 9 and 16 September 2025, through Tan’s personal account (@nicktandurian) and Aupen’s official account (@aupenofficial).
Summary of disputed claims
The statements in question were made in the context of a potential trade mark conflict between Aupen and U.S. retailer Target. According to the Government, the following were among the false claims communicated:
- That IPOS told Tan not to pursue a trade mark dispute with Target in Singapore due to a high chance of losing;
- That Singapore’s trade mark laws are designed to favour foreign businesses over local ones;
- That legal reform to prevent bad faith trade mark registrations in Singapore would not be possible;
- That IPOS supports foreign companies, but not local ones, in trade mark disputes;
- And that IPOS had contradicted itself in its public statements.
These claims were rejected by the Government as inaccurate and misleading.
Context of the trade mark dispute
The matter arose from a potential U.S. trade mark conflict. Target, which registered the “AUDEN” mark in both the U.S. and Singapore in 2018, had raised concerns about Aupen’s use of the “AUPEN” mark. Aupen had registered its mark in Singapore in 2023 and applied in the U.S. as well.
On 25 August 2025, Aupen’s Instagram account shared a post alleging that Target had relaunched products under the AUDEN brand that resembled Aupen’s goods. The post also displayed a letter from Target, indicating concerns about possible consumer confusion in the U.S. market.
IPOS clarified that trade mark rights are territorial. A challenge in the U.S. does not affect a valid Singapore registration unless challenged locally.
IPOS’s engagement and clarification
Upon learning of the post, IPOS reached out and held a meeting with Tan on 1 September 2025. During the meeting, Tan explained the nature of the potential dispute with Target and confirmed that he was already receiving legal advice.
IPOS stated that it reassured Tan that Aupen’s Singapore trade mark remained valid and that no challenge had been filed in Singapore. The agency also provided general guidance on trade mark matters and advised Tan to consult legal professionals regarding any potential actions, such as revoking Target’s Singapore mark.
The Government stressed that IPOS does not provide legal advice, does not take sides in disputes, and did not advise Tan against pursuing any legal course of action.
Clarification of Singapore’s trade mark regime
Singapore’s trade mark regime, according to IPOS, provides equal and fair access to both local and foreign businesses. All applications undergo the same statutory process.
IPOS stated that the claim suggesting that foreign businesses are prioritised over local ones is inaccurate. It noted that IPOS actively supports local enterprises, including through initiatives such as IP Legal Clinics, GoBusiness IP Grow, and consultations with IP strategists.
It also clarified that Singapore’s laws already prohibit trade mark registrations made in bad faith. During the 1 September meeting, Tan had raised concerns about foreign businesses registering marks without operating locally and asked about legal reform. IPOS responded that Tan could submit his views formally and that law reform would take time, but did not suggest it was impossible.
IPOS’s media response and further posts
On 11 September 2025, IPOS issued a media statement addressing what it described as false and misleading claims made in Tan’s earlier Instagram post on 9 September. It stated that its media release accurately reflected its communication with Tan during the 1 September meeting.
Despite this, on 16 September, Tan published a post suggesting that IPOS had “flip-flopped” on its advice — a claim the Government categorically denies. According to authorities, IPOS’s communication was consistent throughout, and it maintained its neutral and administrative role in the matter.
Under the Correction Directions, Tan and Aupen would have been required to publish a correction notice above the original posts if those posts remained accessible. However, as the original posts had already been removed, they were instead required to publish new posts containing a link to the Government’s clarification.
In the afternoon of 22 September, a screenshot of the Government’s clarification, along with a link to the Factually page, was published on both Aupen’s and Tan’s Instagram Stories, in compliance with the Correction Directions.
View this post on Instagram
The post Correction directions issued to Nicholas Tan and Aupen over disputed IPOS claims appeared first on The Online Citizen.
