According to section 2 of the trade marks act she can

According to section 2 of the Trade Marks Act, she can register any ‘sign’ that
can be graphically represented and is capable of distinguishing her products in
the course of trade from those of another person. She can also register the
company logo, the unique shape of her product, an aspect of packaging or any
combination thereof.
Logo, colour scheme, packaging/ wrapping/ box/ how u open it, font
(g)(i) Can an ex-employee set up another cake-shop with a totally
different name/get-up? (ii) Can he make use of the cake-recipes?
(i)
Yes, her ex-employee can rightfully do so provided there is no restraint of trade
clause in his employment contract which prevents him from setting up his own
business in competition after he leaves his current employment. Nevertheless,
even if such clause exists, the ex-employee can still set up another cake shop if
the said clause is found to be unreasonable and hence unenforceable.
However, if there is a reasonable restraint of trade clause that can be enforced -
on the basis that Ah Lian has a legitimate interest to protect in her business, and
it is reasonable in terms of time, area and scope, the ex-employee cannot
rightfully set up another cake shop even with a totally different name/ get-up as it
would be in direct competition with Ah Lian’s cake shop and by doing so he

would be breaching the restraint of trade clause expressed in the employment
contract.
In this case, there is likely to be presence of a restraint of trade clause, as Ah
Lian does have a legitimate interest to protect such as the cake-recipes that may
be regarded as confidential and not public information, and the ex-employee may
be in a position to pull customers to his new shop if he used cake-recipes from
Ah Lian’s shop. However, time, area and scope would largely depend on the
actual circumstances, such as the job scope of the ex-employee. Hence, given
that an effective restraint of trade clause is clearly expressed in the employment
contract and the ex-employee goes ahead to set up his cake shop, he would be
breaching the restraint of trade clause and Ah Lian may bring a legal action
against him for breach of contract.
(i)
SP owns the shop —> but can still employ workers eg baker, someone to take
order
Get-up: logo, font, colour
Cannot —> ROT HMMMMMM

Employment contract - express term —> cannot set up cake shop despite
different get-up —> must be valid —> 1. Legitimate interest, 2.
Reasonableness (area, time, scope)
Valid ROT clause. Reasonableness to have legitimate interest. Second is about
area, time, scope
(ii)
Even if the ex-employee can rightfully set up his cake shop, he cannot make use
of the cake-recipes from Ah Lian’s shop as there would be a breach of tort of
confidence. The cake recipes are considered to be confidential information as the
recipes are unknown to the public and they gave Traz Cake Shop the competitive
advantage to be successful. Therefore, the information about the cake recipe
received by the ex-employee has a necessary quality of confidence and the