WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SGP/T/6 
15 July 2009 
 (09-3446) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SINGAPORE 
  The present document reproduces the text
1 of the Trade Marks (International Registration) 
Rules 2000, as notified by Singapore on 15 April 2009 under Article 63.2 of the Agreement (see 
document IP/N/1/SGP/4). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SINGAPOUR 
  Le présent document contient le texte
1 du Règlement de 2000 sur les marques de commerce et 
de fabrique (Enregistrement international), notifié par Singapour le 15 avril 2009 au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/SGP/4). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
SINGAPUR 
 
 En el presente documento se reproduce el texto
1 del Reglamento de marcas de fábrica o de 
comercio (registro internacional) de 2000, notific ado por Singapur el 15 de abril de 2009 de 
conformidad con el párrafo 2 del artículo 63 de l Acuerdo (véase el documento IP/N/1/SGP/4). 
  
                                                     
 
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SGP/T/6 
Page 2  
 
   
Requested version was 31 Mar 2009; Closest available version is 02 Jul 2007; Generated on 31 Mar 2009 16:33:42(GMT+8).  
  Front Page  [ Jump to: Front Page  / Arrangement of Provisions  / Actual Provisions  ]
 
 
 
TRADE MARKS ACT 
 
(CHAPTER 332, SECTIONS 54 AND 108) 
 
TRADE MARKS (INTERNATION AL REGISTRATION) RULES 
 
 
History  G.N. NO.S 
490/2000  
 
->R3 
2002 
REVISED 
EDITION  
 
[31st October 2000]   
  Arrangement of Provisions  [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]
  
 
 
PART I  
PRELIMINARY  
1 Citation  
2 Definitions  
3 Fees  
4 Forms  
PART II  
INTERNATIONAL REGISTRATIONS DESIGNATING SINGAPORE  
5 Entitlement to protection  
5A No division of international registration designating Singapore  
6 Effects of protected international trade mark (Singapore)  
7 Protected international trade mark (Singapore) as object of property  
8 Notification of transactions  
9 Licensing  
10 Priority  
11 Examination  
12 Publication  
13 Notice of opposition  
14 Counter-statement  
15 Further procedures  
16 Notifications of refusal  
17 Protection  
18 Revocation and invalidity   IP/N/1/SGP/T/6 
 Page 3 
 
 
  19 Effect of acquiescence  
20 Certificate of validity of contested registration  
21 Importation of infringing goods  
22 Offences  
23 Falsely representing trade mark as protected international trade mark (Singapore)  
PART III  
TRANSFORMATION OF INTERNATIONAL REGISTRATION INTO NATIONAL 
APPLICATION  
24 Transformation application  
25 Procedure on transformation application  
PART IV  
CONCURRENT REGISTRATIONS  
26 Effects of international registration where trade mark is also registered under Act  
PART V  
INTERNATIONAL APPLICATIONS ORIGINATING IN SINGAPORE APPLICATION FOR 
INTERNATIONAL REGISTRATION  
27 Application for international registration  
28 Notification to International Bureau  
PART VI  
MISCELLANEOUS PROVISIONS  
29 Evidence of certain matters relating to international registration  
30 Agents  
31 Burden of proving use of protected international trade mark (Singapore)  
32 Communication of information to International Bureau  
33 Transmission of fees to International Bureau  
34 Application of Trade Marks Rules  
 
 
FIRST SCHEDULE  
FEES  
 
 
SECOND SCHEDULE  
DESCRIPTIONS OF FORMS  
 
 
 
  Actual Provisions  [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]  
 IP/N/1/SGP/T/6 
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TRADE MARKS ACT 
 
(CHAPTER 332, SECTIONS 54 AND 108) 
 
TRADE MARKS (INTERNATION AL REGISTRATION) RULES 
 
 
[31st October 2000]   
PART I 
 
PRELIMINARY 
 
 Citation 
1.—These Rules may be cited as the Trade Marks (International Registration) Rules.  
 
Definitions 
2.—In these Rules, unless the context otherwise requires —  
 
"Common Regulations" means the regulations  adopted under Article 10 of the Madrid 
Protocol, with effect from 1st April 1996, as re placed, revised or amended from time to time;  
 "international application" means an application to the International Bureau for registration of 
a trade mark in the International Register;   
"International Bureau" means the Internationa l Bureau of the World Intellectual Property 
Organisation;   "International Register" means the register of trade marks maintained by the International 
Bureau for the purposes of the Madrid Protocol;  
 
"international registration" means the registra tion of a trade mark in the International 
Register;   "international registration designating Singapore" means an international registration in which 
a request has been made (either in the relevant  international application or subsequently) for 
extension of protection to Singapore under Article  3ter (1) or (2) of the Madrid Protocol;  
 “protected international trade mark (Singapor e)” has the meaning given by rule 17, and 
references to “protection” and “protect ed” shall be construed accordingly.  
 
Fees 
3.—(1) The fees set out in the First Schedule shall be payable to the Registrar in respect of the matters 
set out in that Schedule.    (2) In any case where a form specified in the Firs t Schedule as the corresponding form in relation to 
any matter is required to be used, that form shall be accompanied by the fee specified in respect of 
that matter.   
  IP/N/1/SGP/T/6 
 Page 5 
 
 
  Forms 
4.—(1)   The Registrar shall publish in the Trade Marks Journal —  
 
(a)  the forms referred to in these Rules;   
(b)  the Registrar’s directions relating to the use of any form; and  
 (c)  any amendment or modification of any such form or direction.   
(2) Any form may be modified on the direction of the Registrar for use in a case other than the case 
for which it is intended.   
 (3)   The Registrar may accept, in lieu of any form, any document which is filed with the Registry for 
any purpose for which the form was published but which deviates from the form, if the document —   
(a)  complies with every direction of the Regi strar relating to the use of the form; and  
 (b)  is in a format that is acceptable to the Registrar.   
(4)   Any reference in these Rules to a numbered fo rm shall be construed as a reference to the current 
version of the form bearing the corresponding number which is —  
 
(a)  described —   
(i)  in the case of Forms MP 1, MP 2 and MP 3, in the Second Schedule; or   
(ii)  in the case of any other form, in th e Second Schedule to the Trade Marks Rules 
(R 1); and   
(b)  published in the Trade Marks Journal.    
 
PART II 
 
INTERNATIONAL REGISTRATION S DESIGNATING SINGAPORE 
 
Entitlement to protection 
5.—(1) Subject to the provisions of rules 11 to 17 , an international registration designating Singapore 
shall be entitled to become protected where, if th e particulars of the international registration were 
comprised in an application for registration of a tr ade mark under the Act, such an application would 
satisfy the requirements for registration of a trad e mark under the Act, including any imposed by the 
Trade Marks Rules.   
 (2) For the purpose of paragraph (1), sections 5 and 6 of the Act and rules 9, 15, 16, 18, 19 (1), (2) ( a) 
and ( b) (i), (ii) (B) and (iii) and (3), 20 and 21 of the Trade Marks Rules shall be disregarded.   
 
No division of international registration designating Singapore 
5A.—Section 5A of the Act and rule 17 of the Trad e Marks Rules (R 1) shall not apply to an 
international registration designating Singapore.   IP/N/1/SGP/T/6 
Page 6  
 
  Effects of protected international trade mark (Singapore) 
6.—(1) The proprietor of a protected internationa l trade mark (Singapore) has, subject to the 
provisions of these Rules, the same rights and remedies as are given by or under sections 26 to 29 and 31 to 34 of the Act to the proprietor of a registered trade mark.    
(2) Paragraph (1) is subject to the provisions relating to acts not amounting to infringement and 
exhaustion which are applicable to a registered trade mark by virtue of sections 28 and 29 of the Act, 
respectively.    (3) For the purposes of the application of section 26 of the Act —  
 
(a)  the rights of the proprietor shall have effect as of the date on which the protected 
international trade mark (Singapore) is to be treated as registered under rule 17 or 26; and  
 (b)  a protected international trade mark (Singapor e) shall be treated as being in fact registered 
when it becomes protected under rule 17.  
 
(4) For the purposes of paragraph (1), references in  sections 27 and 28 of the Act to goods or services 
in respect of which a trade mark is registered shall be treated as references to goods or services in 
respect of which a protected international trade mark (Singapore) confers protection in Singapore.    
(5) Where the holder of an international registration designating Singapore, by notice in writing sent 
to the Registrar —   
(a)  disclaims any right to the exclusive use of  any specified element of the trade mark; or  
 
(b)  agrees that the rights conferred in Singa pore by the international registration shall be 
subject to a specified territorial or other limitation,   
the Registrar shall enter the disclaimer or limitation in  the register and shall publish the disclaimer or 
limitation.    
(6) Where a protected international trade mark (Singa pore) is subject to a disclaimer or limitation, the 
rights conferred in relation to it by the application of  section 26 of the Act are restricted accordingly.   
 (7) The remedy for groundless threats of infringe ment proceedings given by section 35 of the Act 
applies to a protected international trade mark (Singa pore) as it applies in relation to a registered trade 
mark.   
 (8) For the purpose of paragraph (7) —   
(a)  the reference in section 35 (4) of the Act to  the registration of the trade mark shall be 
treated as a reference to the protection of a pr otected international trade mark (Singapore); 
and  
 (b)  the reference in section 35 (5) of the Act to notification that a trade mark is registered, or 
that an application for registration has been  made, shall be treated as a reference to 
notification that a trade mark is a protected in ternational trade mark (Singapore) or is the 
subject of an international application or in ternational registration designating Singapore.  
  IP/N/1/SGP/T/6 
 Page 7 
 
 
  Protected international trade mark (Singapore) as object of property 
7.—The provisions of sections 36, 37, 38 and 40 of the Act shall, with the necessary modifications, 
apply in relation to a protected international trad e mark (Singapore) as they apply in relation to a 
registered trade mark.   Notification of transactions 
8.—(1) The following are notifiable transactions for the purpose of this rule:  
 
(a)  the grant of a licence under a protected international trade mark (Singapore);   
(b)  the granting of any security interest (whether fixed or floating) over a protected 
international trade mark (Singapore) and any right in or under it.   
(2) On application being made to the Registrar by —   
(a)  a person claiming to be entitled to an inter est in or under a protected international trade 
mark (Singapore) by virtue of a notifiable transaction; or  
 
(b)  any other person claiming to be affected by such a transaction,   
the relevant particulars of the transacti on shall be entered in the register.   
 
(3) The following are relevant transacti ons for the purpose of this rule:  
 
(a) Deleted by S 372/2004, wef 01/07/2004.   
 
(b)  an assignment of a protected international trade mark (Singapore) or any right in it;  
 (c)  the making by personal representatives of an  assent in relation to a protected international 
trade mark (Singapore) or any right in or under it;   (d)  an order of the Court or other competent authority transferring a protected international 
trade mark (Singapore) or any right in or under it.  
 
(4)   Until —   
(a)  in the case of any notifiable tran saction referred to in paragraph (1) ( b), an application has 
been made for the registration of the relevant particulars of the transaction; or  
 (b)  in the case of any relevant transaction,  the transaction has b een recorded in the 
International Register,  
 the transaction is ineffective as against a person acquiring an interest in or under the protected 
international trade mark (Singapore) in ignorance of it.   
 (5)   A person who becomes the proprietor of a pr otected international trade mark (Singapore) by 
virtue of any notifiable transacti on referred to in paragraph (1) ( b) or relevant transaction is not 
entitled to damages, an account of profits  or statutory damages under section 31 (5) ( c) of the Act in 
respect of any infringement of the protected intern ational trade mark (Singapore) occurring after the 
date of the transaction and before the transaction is recorded in the International Register.   
 IP/N/1/SGP/T/6 
Page 8  
 
  (5A)   For the avoidance of doubt, paragraph (4) shall not apply to any relevant transaction relating 
to —   
(a)  a licence under a protected international trade mark (Singapore); or   
(b)  any right in or under the licence.  
 (6) In this rule, “relevant particulars” means —   
(a)  in the case of the grant of a licence under a protected international trade mark 
(Singapore) —  
 
(i)  the name and address of the licensee;   (ii)  where the licence is an exclusive licence, that fact;  
 
(iii)  where the licence is limited, a description of the limitation; and  
 (iv)  the duration of the licence if the same is, or is ascertainable as, a definite period;   
(b)  in the case of the grant of any security inte rest over a protected international trade mark 
(Singapore) or any right in or under it —  
 
(i)  the name and address of the grantee;   (ii)  the nature of the interest (whether fixed or floating); and  
 
(iii)  the extent of the security and the ri ght in or under the trade mark secured.  
 
Licensing 
9.—(1) The provisions of sections 42 to 45 of the Act shall, with the necessary modifications, apply in 
relation to licences to use a protected international tr ade mark (Singapore) as they apply in relation to 
licences to use a registered trade mark.   
 (2) The reference in section 42 (2) of the Act to goods  or services for which a trade mark is registered 
shall be treated as a reference to goods or services in  respect of which a trade mark is protected in 
Singapore.   
 
Priority 
10.—(1) Subject to paragraph (2), the provisions of section 10 of the Act shall apply so as to confer a 
right of priority in relation to protection of an in ternational registration designating Singapore, as they 
apply in relation to registering a trade mark under the Act.    
(2) The manner of claiming priority shall be dete rmined in accordance with the Madrid Protocol and 
the Common Regulations.    
Examination 
11.—(1) Upon receiving from the International Bureau  notification of an international registration 
designating Singapore, the Registrar shall examine wh ether it satisfies the requirements of rule 5.   
 (2) For the purpose of paragraph (1), the Regist rar may carry out a search, to such extent as he 
considers necessary, of earlier trade marks.     IP/N/1/SGP/T/6 
 Page 9 
 
 
  (2A) Where the mark to which the international regist ration relates contains or consists of a word or 
words in characters other than Roman or in a langua ge other than English, the Registrar may require 
the holder to file with the Registrar a copy of a tr anslation or, if the case requires, transliteration, of 
each word in English, certified or verified to the satisfaction of the Registrar.    
(3) If it appears to the Registrar that the requirements of rule 5 are not met, or are met only in relation 
to some of the goods or services in respect of wh ich protection in Singapore has been requested, he 
shall give notification of refusal to the International Bureau.    (4) The notification of refusal shall specify a period within which the holder may make 
representations.   
 (5) If the holder requires an extension of time to make representations, he shall file with the 
Registrar his request for an extension of time on Form TM 49 before the expiry of the period in question or any extended period previous ly granted by the Registrar.   
 
(6) A holder making representations shall file with  the Registrar an address for service in Singapore 
on Form TM 1.    (7) The request referred to in paragraph (5), and the address for service referred to in paragraph (6), 
may be filed using the electronic online system within  the meaning of the Trade Marks Rules (R 1).   
 
Publication 
12.—Where following examination it appears to the Regi strar that the requirements of rule 5 are met 
in relation to some or all of the goods or servic es comprised in the international registration, the 
Registrar shall publish the particulars of the intern ational registration in the Trade Marks Journal.  
 
Notice of opposition 
13.—(1) A person (referred to in these Rules as the opponent) may, within 2 months from the date of 
the publication of the international registration in th e Trade Marks Journal, file with the Registrar a 
notice opposing the conferring of protection on the international registration (referred to in these 
Rules as the notice of opposition) in Form TM 11.   
 
(2) The opponent shall enter an address for servi ce in Singapore in the form referred to in 
paragraph (1).    (3) Deleted by S 597/2008, wef 01/12/2008.   
 
(4) Rules 29 (3) to (8) and 30 of the Trade Marks Rules (R 1) shall, with the necessary 
modifications, apply to the filing and contents of a notice of opposition.   
 (5) For the purposes of applying rule 29 (3 ) to (8) of the Trade Marks Rules —  
 
(a)  a reference in that rule to the date of the publication of the application for registration 
shall be treated as a reference to the date of pub lication of the international registration in the 
Trade Marks Journal; and   (b)  a reference in that rule to the applicant shall be treated as a reference to the holder.  
 
(6) Upon filing of a notice of opposition, the Registra r shall, within 5 months from the date of the 
publication of the international registration in the Tr ade Marks Journal, give notification of refusal to 
the International Bureau stating the matters relating to the opposition.   
 IP/N/1/SGP/T/6 
Page 10  
 
  Counter-statement 
14.—(1) Within 4 months from the date of the Regi strar’s notification of refusal based on opposition 
to the International Bureau, the holde r shall file with the Registrar —  
 
(a)  a counter-statement in Form TM 12 se tting out the grounds on which he relies as 
supporting the international registration designa ting Singapore, and the facts alleged in the 
notice of opposition which he admits, if any (referred to in these Rules as a counter-statement); and   (b)  an address for service in Singapore in Form TM 1.  
 
(2) Deleted by S 597/2008, wef 01/12/2008.   
 (3) The holder shall at the same time serve on the opponent a copy of both documents   
 
(4) A request for an extension of time to file the c ounter-statement shall be made to the Registrar in 
writing within 4 months from the date of the Regist rar’s notification of refusal based on opposition to 
the International Bureau.    (5) The total extension of time for which the Regist rar may allow to file the counter-statement shall 
not exceed 6 months from the date of the Registrar’ s notification of refusal based on opposition to the 
International Bureau.   
 (6) Before making a request for an extension of time, the holder shall serve a notice on the opponent 
and every other person likely to be affected by the extension, which shall contain —  
 
(a)  a statement of the holder's intention to re quest for the extension, the extension requested 
for, and the reason for the extension; and   (b)  a request for the consent of the oppon ent or other person to the extension.  
 
(7) The request for the extension shall be supported by a copy of the notice referred to in 
paragraph (6) and the consent in writing, if this is given.   
 (8) The Registrar may refuse to grant the extension —   
(a)  if the holder fails to show a good and sufficient reason for the extension; or  
 
(b)  if the holder fails to show to the Regi strar’s satisfaction that a notice referred to in 
paragraph (6) has been served on the opponent and every person likely to be affected by the 
extension.   
(9) Where a person on whom a notice referred to in pa ragraph (6) is served fails or refuses to give his 
consent to the extension within 2 weeks from the da te of the notice, the Registrar may, if he is 
satisfied that a good and sufficient reason has been s hown for the extension, grant the extension; and 
the Registrar may do so without ha ving to conduct a hearing in accordance with rule 67 of the Trade 
Marks Rules (R 1).    
(10)   For the avoidance of doubt, if the holder fails to comply with paragraph (1) or (3) in relation to 
any class of goods or services in respect of which pr otection is opposed, the Registrar shall be entitled 
to treat the holder’s request for protection in Singapore in respect of those goods or services as 
withdrawn, and the refusal shall subsist in respect of those goods or services.     IP/N/1/SGP/T/6 
 Page 11 
 
 
  Further procedures 
15.—(1) Upon the filing of a notice of opposition unde r rule 13 and a counter-statement under rule 14, 
rules 32 to 40 of the Trade Marks Rules shall, with the necessary modifications, apply to further 
proceedings thereon.    
(2) For the purposes of applying rules 32 to 40 of the Trade Marks Rules —  
 
(a)  a reference in those rules to the applicant sh all be treated as a reference to the holder; and  
 (b)  a reference in those rules to the appli cation shall be treated as a reference to the 
international registration designating Singapore.  
 
Notifications of refusal 
16.—(1) Except where refusal is based on an opposition,  a notification of refusal shall not be given 
after the expiry of 18 months from the date on whic h the notification of the international registration 
designating Singapore was sent to the Registrar.   
 (2) Where there is a possibility that opposition ma y be filed after the expiry of the period of 
18 months, the Registrar shall inform th e International Bureau accordingly.   
 (3) A notification of refusal shall set out the matters  required by Article 5 of the Madrid Protocol and 
Rule 17 of the Common Regulations.   
 (4) Where —   
(a)  after a notification of refusal has been given under rule 11 (3), the holder makes 
representations within the period specified in rule 11 (4) or any extended period; or  
 (b)  after a notification of refusal based on op position has been given under rule 13 (6), the 
holder files a counter-statement within the pe riod specified in rule 14 (1) or any extended 
period,  
 
the Registrar shall, upon a final decision being made in relation to the refusal, notify the International 
Bureau of that decision.    (5) For the purposes of paragraph (4), a final deci sion shall be regarded as being made where —  
 
(a)  the Registrar or the Court on appeal from the Registrar decides whether the refusal shall 
be upheld, in whole or in relation to only so me of the goods or services in relation to which 
protection in Singapore is requested, and any right of appeal against that decision expires or is 
exhausted;   (b)  the representations or counte r-statement is withdrawn; or  
 
(c)  the proceedings relating to the re fusal are discontinued or abandoned.  
 
Protection 
17.—(1) Where —  
 
(a)  after examination and publi cation under rules 11 and 12 —  
 
(i) the period of 18 months from the date on which the notification of the request for extension of protection to Singapore was sent to Singapore has not expired, but the IP/N/1/SGP/T/6 
Page 12  
 
  period for giving notification of refusal based on an opposition in accordance with 
rule 13 (6) expires without a notification of refusal (whether based on opposition or 
otherwise) having been given;  
 
(ii)  the period of 18 months from the date on which the notification of the request for 
extension of protection to Singapore was sent to Singapore has expired, and the 
period for giving notice of opposition specified in rule 13 (1) (including any extended period) expires without a notice of opposition having been given;   (iii)  notification of refusal has been given in respect of only some of the goods or 
services in respect of  which protection in Singapore has been requested and the 
holder has made no representations within the period specified in rule 11 (4) (including any extended period) or has file d no counter-statement within the period 
specified in rule 14 (1) (including any exte nded period), as the case may be; or that 
the holder has informed the Registrar th at he does not intend to make such 
representations or file a counter-statement; or  
 (iv)  notification of refusal has been given in respect of all or some of the goods or 
services in respect of which protection in Singapore has been requested and the Registrar notifies the International Bureau in accordance with rule 16 (4) that a final 
decision has been made that the refusal is withdrawn, or is withdrawn in respect of 
some of the goods or services in respect of which protection in Singapore has been 
requested; or  
 (b)  the period of 18 months from the date on which the notification of the request for extension of protection to Singapore was sent to Singapore expires without any notification of 
refusal having been given and without the Inte rnational Bureau having been informed that 
oppositions may be filed after the expiry of that period,   
the trade mark which is the subject of the request  for protection shall thereupon be protected as a 
protected international trade mark (Singapore); and in a case where a refusal subsists in respect of 
some of the goods or services in respect of whic h protection in Singapore has been requested, 
protection shall apply only as regards the remaining goods or services.   
 (2) For the purposes of the applica tion by these Rules of the provisions of the Act, a trade mark so 
protected shall be treated as being registered under the Act as of —   
(a)  where the request for extension of pr otection to Singapore is mentioned in the 
international application, the date of  the international registration; or  
 (b)  where the request for such extension is  made subsequently to the international 
registration, the date on which the request is  recorded in the International Register.  
 
(3) Paragraph (2) is subject to rule 26.   
 
Revocation and invalidity 
18.—(1) The provisions of sections 22 and 23 of the Act shall, with the necessary 
modifications, apply so as to permit the protection of  a protected international trade mark (Singapore) 
to be revoked or declared invalid.   
  IP/N/1/SGP/T/6 
 Page 13 
 
 
  (2) For the purposes of applying sections 22 and 23 of the Act —  
 
(a)  the reference in section 22 (1) of the Act to the date of completion of the registration procedure shall be treated as a reference to th e date the protected international trade mark 
(Singapore) became protected;  
 
(b)  the reference in section 22 (2) of the Act to the form in which a trade mark was registered 
shall be treated as a reference to the form in which it is protected;   (c)  references in sections 22 (6) and 23 (9) of the Act to goods or services for which the trade 
mark is registered shall be treated as references to those in respect of which it is protected;  
 (d)  references in section 22 of the Act to th e registration of a trade mark being revoked shall 
be treated as references to the protection of a protected international trade mark (Singapore) 
being revoked; and  
 
(e)  references in section 23 of the Act to th e registration of a trade mark being declared 
invalid shall be treated as references to the protection of a protected international trade mark (Singapore) being declared invalid.   
(3) The provisions of rules 57 to 60 of the Trad e Marks Rules (R 1) shall, with the necessary 
modifications, apply to the procedure upon an appli cation for revocation or a declaration of invalidity 
of protection of a protected international trade mark (Singapore).    (4) Where the protection of a protected international trade mark (Singapore) is revoked or declared invalid to any extent, the Registrar sha ll notify the International Bureau and —  
 
(a)  in the case of a revocation, the rights of th e proprietor shall be deemed to have ceased to 
exist to that extent as from the date of the appli cation for revocation, or if the Registrar or the 
Court is satisfied that the grounds for revoca tion existed at an earlier date, that date;  
 (b)  in the case of a declaration of invalidity, the trade mark shall to that extent be deemed 
never to have been a protected international tr ade mark (Singapore), but this shall not affect 
transactions past and closed as at the date when the invalidity is recorded in the International 
Register.   
Effect of acquiescence 
19.—(1) Section 24 of the Act applies where the pr oprietor of an earlier trade mark has acquiesced for 
a continuous period of 5 years in the use of a pr otected international trade mark (Singapore).   
 (2) For the purpose of applying section 24 of the Act —   
(a)  the reference in that section to a registered  trade mark shall be treated as a reference to a 
protected international trade mark (Singapore); and  
 (b)  references in that section to registration sh all be treated as references to protection of a 
protected international trade mark (Singapore).   
Certificate of validity of contested registration 
20.—The provisions of section 102 of the Act sha ll, with the necessary modifications, apply in 
relation to proceedings before the Court in whic h the validity of the protection of a protected 
international trade mark (Singapore) is contested.   IP/N/1/SGP/T/6 
Page 14  
 
  Importation of infringing goods 
21.—(1) The provisions of Part X of the Act and the Trade Marks (Border Enforcement Measures) 
Rules (R 2) shall, with the necessary modifications, a pply in relation to goods which are, in relation to 
a protected international trade mark (Singapore), infringing goods within the meaning of section 3 of 
the Act.   
 
(2) For the purpose of paragraph (1), references in  section 3 and Part X of the Act and in the Trade 
Marks (Border Enforcement Measures) Rules to a regi stered trade mark shall be treated as references 
to a protected international trade mark (Singapore).    Offences 
22.—(1) The provisions of sections 46 to 49 and 53 of the Act shall, with the necessary modifications, 
apply in relation to a protected intern ational trade mark (Singapore).   
 (2) For the purpose of the application of those provisions —  
 
(a)  references in those provisions to a register ed trade mark shall be treated as references to a 
protected international trade mark (Singapore); and   (b)  references in those provisions to goods or  services for which a trade mark is registered 
shall be treated as references to goods or services  in respect of which a protected international 
trade mark (Singapore) confers protection in Singapore.  
 
Falsely representing trade mark as protect ed international trade mark (Singapore) 
23.—Any person who —  
 
(a)  falsely represents that a mark is a protected international trade mark (Singapore); or  
 (b)  makes a false representation as to th e goods or services for which a protected 
international trade mark (Singapore) confers protection in Singapore,   
knowing or having reason to believe that the representa tion is false shall be guilty of an offence and 
shall be liable on conviction to a fine not exceeding $10,000.  
 
 
 
PART III 
 
TRANSFORMATION OF INTERNAT IONAL REGISTRATION INTO 
NATIONAL APPLICATION 
 
Transformation application 
24.—(1) The provisions of this rule shall apply where —  
 
(a)  an international registration designating Sing apore is cancelled at the request of the Office 
of Origin under  Article 6 (4) of the Madrid Prot ocol in respect of all or some of the goods or 
services listed in the registration;   (b)  an application (referred to in this Part as a transformation application) is made to the 
Registrar, within 3 months from the date on which the international registration was 
cancelled, for registration in Singapore of a trad e mark identical to th at comprised in the  IP/N/1/SGP/T/6 
 Page 15 
 
 
  international registration in respect of all or so me of the goods or services in respect of which 
the international registration was cancelled; and   (c)  the application is made by the person who was the holder of the international registration 
immediately before its cancellation.  
 
(2) A transformation application shall be f iled with the Registrar on Form MP 1.   
 (3) A trade mark registered pursuant to a transfor mation application shall be treated as if it were 
registered —  
 
(a)  on the date of the international registration in accordance with Article 3 (4) of the Madrid 
Protocol; or   (b)  where the request for extension to Singapor e was made subsequent to the international 
registration, on the date of recordal of that request in accordance with Article 3ter (2) of the 
Madrid Protocol,   
and that date shall be deemed for the purposes of th e Act to be the date of registration of the trade 
mark.   
 
Procedure on transformation application 25.—(1) Where the protected international trade mark (Singapore) has become protected under 
rule 17 on or before the actual date on which the transformation application is  made (referred to in 
this rule as the transformation date), the trade mark shall be registered under the Act.   
 
(2) Where the international registration designati ng Singapore has not become protected under rule 17 
by the transformation date and its particul ars have been published under rule 12 —  
 
(a)  the Registrar shall treat the publication of its particulars as the publication of the 
transformation application under section 13 (1) of the Act; and   
(b)  the Registrar shall treat any opposition to  its protection under rule 13 as an opposition to 
its registration under section 13 (2) of the Act, and rules 29 to 40 of the Trade Marks Rules (R 1) shall apply subject to such modifi cations as the Registrar may determine.  
 
(3) Where particulars of the international regi stration designating Singapore have not yet been 
published under rule 12 by the transformation date and the Registrar has issued a notification of 
refusal under rule 11 (3), the Registrar shall for the purposes of the transformation application treat 
the notification of refusal as a notice issued by th e Registrar to the applicant under section 12 (3) of 
the Act.    
 
PART IV 
 
CONCURRENT REGISTRATIONS 
 
Effects of international registration where trade mark is also registered under Act 
26.—(1) The provisions of this rule apply where —  
 
(a)  a registered trade mark is also a prot ected international trade mark (Singapore);  IP/N/1/SGP/T/6 
Page 16  
 
  (b)  the proprietor of the registered trade mark is the holder of the protected international trade 
mark (Singapore);   (c)  all the goods or services in respect of which the registered trade mark is registered are 
protected under the protected international trade mark (Singapore); and  
 
(d)  the date of registration of the registered tr ade mark is earlier than  the date specified in 
rule 17 (2) in relation to the protected international trade mark (Singapore).   
(2) For the purposes of the application by these Rul es of the provisions of the Act, the protected 
international trade mark (Singapore) shall, notwithsta nding the provisions of rule 17 (2), be treated as 
being registered under the Act as of the date of regi stration of the registered trade mark as regards all 
the goods or services in respect of which the registered trade mark was registered.   
 (3) For the purposes of determining whether the prot ected international trade mark (Singapore) is an 
earlier trade mark, it shall be treated as having the date  of application of the registered trade mark as 
regards all the goods or services in respect of which the registered trade mark was registered, taking 
account (where appropriate) of the priorities claime d in respect of the registered trade mark.   
 (4) Where the conditions specified in paragraph (1 ) are satisfied in relation to a trade mark, the 
provisions of paragraphs (2) and (3) shall —  
 
(a)  continue to apply in respect of the releva nt protected international trade mark (Singapore) 
notwithstanding that the relevant registered trade mark lapses or is cancelled; but  
 (b)  cease to apply if it is revoked or declared invalid.  
 
(5) On the application of the holder of the pr otected international trade mark (Singapore) on 
Form MP 2, the Registrar shall note in the regist er that the international registration replaces the 
registered trade mark as regards the goods or services in respect of which the registered trade mark 
was registered.    
(6) The provisions of this rule ar e without prejudice to any right or remedy conferred on any person in 
respect of the registered trade mark.     
PART V 
 
INTERNATIONAL APPLICATIONS ORIGINATING IN SINGAPORE 
APPLICATION FOR INTERNATIONAL REGISTRATION 
 
Application for international registration 
27.—(1) An applicant for the registration of a trade ma rk, or the proprietor of a registered trade mark 
may, subject to the provisions of this rule, apply through the Registrar for the international registration 
of the trade mark.    (2) An application for international registration sha ll be filed in English and may be made only where 
the applicant for such registration is —  
 
(a)  a citizen of Singapore;    IP/N/1/SGP/T/6 
 Page 17 
 
 
  (b)  a body or corporation incorporated or constituted under the law of Singapore;  
 (c)  a person domiciled in Singapore; or   (d)  a person who has a real and effective industrial or commercial establishment in 
Singapore.  
 
(3) The particulars appearing in the application sha ll correspond with the particulars appearing at that 
time in the basic application or basic registration, as the case may be.    
(4) The applicant shall provide at the request of the Registrar such evidence as may be necessary to 
satisfy him that the applicant is eligible to make the application in accordance with paragraph (2).   
 (5) The applicant shall, at the time of filing his application, file with the Registrar an address for 
service in Singapore on Form MP 3.   
 
(6) If the international application complies with th e requirements set out in this rule, the Registrar 
shall submit the international applica tion to the International Bureau.   
 (7) In this rule and rule 28 —   
"basic application", in relation to an applica tion for international registration, means an 
application for registration of a trade mark in Singapore in respect of which the application for international registration is made;   "basic registration", in relation to an applicati on for international registration, means a trade 
mark registered in Singapore in respect of wh ich the application for international registration 
is made.   
Notification to International Bureau 
28.—(1) Where the Registrar has submitted an appli cation for international registration, he shall 
notify the International Bureau of the occurrence of any of the events  specified in paragraph (2), and 
shall request the International Bur eau to cancel the international registration as regards those goods or 
services covered by the international application in respect of which the basic application or basic 
registration has ceased to subsist by reason of that event.    (2) The events referred to in paragraph (1) are as follows:  
 
(a)  before the expiry of the period of 5 years from the date of the international registration, 
the Registrar —   
(i)  refuses to accept the basic application as regards some or all of the goods or 
services covered by the international registration; or  
 
(ii)  after accepting the application, refuses to register the trade mark as regards some 
or all of those goods or services, having re gard to matters coming to his notice since 
he accepted the application,   
and in either case that decision becomes a final decision, whether before or after the expiry of 
that period of 5 years;  
 IP/N/1/SGP/T/6 
Page 18  
 
  (aa)  the basic application —  
 
(i)  is, before the expiry of the period of  5 years from the date of the international 
registration, treated as withdrawn under —   
(A)  rule 9 (6) ( a), 21 (5) or 24 (2) of the Trade Marks Rules (R 1);  
 (B)  paragraph 6 (3) or 7 (3A) of the First Schedule to the Act; or  
 
(C)  paragraph 7 (3) or 8 (3A) of the Second Schedule to the Act; and  
 
(ii)  is not reinstated under rule 77B of th e Trade Marks Rules, whether before or after 
the expiry of that period of 5 years.   
(b)  opposition proceedings begun be fore the expiry of the period of 5 years from the date of 
the international registration resulting in a fina l decision not to register the trade mark as 
regards some or all of the goods or services covered by the international registration;  
 (c)  the basic application is withdrawn, or is restricted as regards goods or services covered by the international registration, as a result of a request by the applicant made —  
 
(i)  before the expiry of the period of 5 years from the date of the international 
registration; or   (ii)  subsequently when the basic applicati on was at the time of the request subject to 
an appeal against refusal of registration or to opposition proceedings, begun in either 
case before the expiry of the period of 5 years;  
 
(d)  the registration resulting from the basic application or the basic registration expires without renewal and is removed from the register  before the expiry of the period of 5 years 
from the date of the international registration, a nd no request for its restoration is made within 
the period specified in rule 53 of the Trade Mark s Rules (R 1); or such a request is made and 
a final decision is made refusing the request;  
 (e)  a final decision is made to revoke or d eclare invalid the registration resulting from the 
basic application or the basic registration, as a result of proceedings begun before the expiry 
of the period of 5 years from the date of the international registration;  
 
(f)  the registration resulting from the basic appli cation or the basic registration is cancelled as 
a result of a request by the proprietor made befo re the expiry of the period of 5 years from the 
date of the international registration, or ma de subsequently where, at the time of the 
request —   
(i)  the registration resulting from the basic application or the basic registration was 
subject to proceedings for revo cation or invalidation; and  
 (ii)  such proceedings were begun before the expiry of the period of 5 years from the date of the international registration.  
 
(3) For the purposes of this rule —   
(a)  a final decision shall be regarded as made where —    IP/N/1/SGP/T/6 
 Page 19 
 
 
  (i)  any right of appeal against the decision expires or is exhausted; or  
 (ii)  proceedings relating to an appli cation or registration are discontinued or 
abandoned; and   
(b)  a reference to an application being w ithdrawn includes its being deemed withdrawn, 
abandoned, or never to have been made.   
 
PART VI 
 
MISCELLANEOUS PROVISIONS 
 
Evidence of certain matters relating  to international registration 
29.—(1) In all legal proceedings re lating to a protected internati onal trade mark (Singapore), the 
registration of a person as the holder of a protected  international trade mark (Singapore) shall be 
prima facie evidence of the validity of the original  international registration and of any subsequent 
assignment or other transmission of it. 
 
(2) Judicial notice shall be taken of the following:   
(a)  the Madrid Protocol and the Common Regulations;   (b)  a copy of an entry in the International Register issued by the International Bureau;  
 
(c)  a copy of the periodical gazette published by the International Bureau.   
(3) Any document mentioned in paragraph (2) ( b) or ( c) shall be admissible as evidence of any 
instrument or other act of the Intern ational Bureau thereby communicated.   
 
(4) Evidence of any instrument issued  by the International Bureau or any entry in or extract from such 
a document may be given in any such proceedings  by production of a copy; and such document 
purporting to be such a copy shall be received in evidence.    
(5) In this rule, “legal proceedings” incl ude proceedings before the Registrar.   
 
Agents 
30.—Any act required or authorised by these Rules to be done by or to a person in connection with a 
request for protection of an international regi stration as a protected international trade mark 
(Singapore), or any procedure relating to a protected  international trade mark (Singapore), may be 
done by or to an agent authorised by that person orally or in writing.  
 
Burden of proving use of protected international trade mark (Singapore) 
31.—If in any civil proceedings relating to a protected international trade mark (Singapore), a 
question arises as to the use to which the trade mark has been put, it is for the holder to show what use 
has been made of it.  
 
Communication of information to International Bureau 
32.—Notwithstanding any enactment or rule of law, the Registrar may communicate to the 
International Bureau any information which Singapore  is required to communicate by virtue of these 
Rules or pursuant to the Madrid Protocol or the Common Regulations.  
 IP/N/1/SGP/T/6 
Page 20  
 
  Transmission of fees to International Bureau 
33.—The Registrar may accept for transmission to th e International Bureau fees payable to the 
International Bureau in respect of an application for international registration originating in Singapore 
or a renewal of such an international registrati on, subject to such terms and conditions as he may 
specify either —  
 
(a)  generally by published notice; or   (b)  in any particular case, by written notice to the applicant desiring to make payment by 
such means.  
 
Application of Trade Marks Rules 
34.—(1) Except as otherwise provided in these Rules, the Trade Marks Rules (R 1) shall, with the 
necessary modifications, apply in relation to an inte rnational registration designating Singapore and to 
a protected international trade mark (Singapore) as they apply in relation to an application for 
registration of a trade mark and to a registered trade mark.   
 (2) The provisions of rules under the Trade Marks Rul es relating to costs and security for costs and to 
evidence before the Registrar shall apply in rela tion to proceedings under th ese Rules in the same 
manner as they apply in relation to proceedings rela ting to a registered trade mark or application for 
registration of a trade mark.   
 
 
 
FIRST SCHEDULE  
 
Rule 3 
 
FEES  
 
 
Matter   Corresponding 
Rule(s)  Fee  Corresponding 
Form(s)  
1. Filing of a 
transformation application     24 (2)   $306 per class of 
goods or services     MP 1 
2. Application to 
record replacement of 
registered trade mark with 
international registration     26 (5)   $65 per class of goods 
or services    MP 2 
3. Filing of address 
for service in Singapore     27 (5)   $8    MP 3 
4. Application for 
international registration 
through Registrar    27 (1)   $250*    —  IP/N/1/SGP/T/6 
 Page 21 
 
 
  5. Request for handling a 
request for renewal of international registration or fee thereof payable to International Bureau     —   $85*    — 
 
*This fee does not include any fee payable to the Inte rnational Bureau for that application or request. 
 
 
SECOND SCHEDULE 
 
Rule 4 (4) 
 
DESCRIPTIONS OF FORMS 
 
 
Form   Description of Form  
MP 1    Request to transform an internati onal registration into national application(s) 
MP 2    Request to replace Singapore national registration with international registration
MP 3    Address for service/Agent 
   
[G.N. Nos. S 490/2000;S 662/2001] 
 
 
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