WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SGP/T/1/Rev.1 
15 July 2009 
 (09-3464) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/ 
 inglés 
 
 
MAIN DEDICATED INT ELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SINGAPORE 
 
Revision  
  The present document reproduces the text
1 of the Trade Marks Act 2005 Revised Edition, as notified 
by Singapore on 15 April 2009 under Article 63.2  of the Agreement (see do cument IP/N/1/SGP/4). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMEN TATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NO TIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SINGAPOUR 
 
Révision
 
 
 Le présent document contient le texte1 de l'Édition révisée de 2005 de la Loi sur les marques de 
fabrique et de commerce, notifiée par Singapour le 15 avr il 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 relaciona dos con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DE DICADOS A LA PROPIEDAD INTELECTUAL 
NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63  DEL ACUERDO 
 
SINGAPUR 
 
Revisión  
 
 En el presente documento se reproduce el texto1 de la Ley de Marcas de Fábrica o de Comercio, 
edición revisada de 2005, notificada por Singapur el 15 de abril de 2009 de conformidad con el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/SGP/4). 
 
                                                      
1 In English only./En anglais seulement./En inglés solamente. 
 IP/N/1/SGP/T/1/Rev.1 
Page 2  
 
   
Requested version was 31 Mar 2009; Closest available version is 02 Jul 2007; Generated on 31 Mar 2009 16:23:04(GMT+8).  
  Front Page  [ Jump to: Front Page  / Arrangement of Provisions  / Actual Provisions  ]
 
 
TRADE MARKS ACT 
CHAPTER 332) 
 
 
History
 Act 46 of 1998  
-> 1999 
REVISED 
EDITION  
->2005 REVISED 
EDITION 
 
   
 An Act to establish a new law for trade marks, to enable Singapore to give effect to certain 
international conventions on intellectual pr operty and for matters connected therewith.  
 
[15th January 1999]   
 
[31st October 2000 — (for section 54)]   
 
   
Arrangement of Provisions  [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ] 
  
 
PART I  
PRELIMINARY  
1 Short title  
2 Interpretation  
3 Meaning of infringing goods, material or articles and counterfeit goods or trade mark  
PART II  
REGISTRATION OF TRADE MARKS  
INTRODUCTORY  
4 Registered trade marks  
 
APPLICATION FOR REGISTRATION OF TRADE MARK  
5 Application for registration  
5A Division of application for registration  
6 Classification of goods and services  
 
GROUNDS FOR REFUSAL OF REGISTRATION  
7 Absolute grounds for refusal of registration  
8 Relative grounds for refusal of registration  
9 Raising of relative grounds in  case of honest concurrent use   IP/N/1/SGP/T/1/Rev.1 
 Page 3 
 
 
   
PRIORITY  
10 Claim to priority of Convention application  
11 Claim to priority from other relevant overseas application  
 
 
REGISTRATION PROCEDURE  
12 Examination of application  
13 Publication and opposition proceedings  
14 Withdrawal, restriction or amendment of application  
15 Registration  
16 Revocation of acceptance  
 
SERIES OF TRADE MARKS  
17 Registration of series of trade marks  
 
DURATION, RENEWAL AND ALTERATION OF REGISTERED TRADE MARK  
18 Duration of registration  
19 Renewal of registration  
20 Alteration of registered trade mark  
 
CANCELLATION, REVOCATION AND INVALIDITY  
21 Cancellation of registered trade mark  
22 Revocation of registration  
23 Grounds for invalidity of registration  
24 Effect of acquiescence  
 
MISCELLANEOUS  
25 Amendment of other documents  
PART III  
RIGHTS AND REMEDIES OF PROPRIETOR OF REGISTERED TRADE MARK  
 
RIGHTS OF PROPRIETOR OF REGISTERED TRADE MARK  
26 Rights conferred by registered trade mark  
27 Acts amounting to infringement of registered trade mark  
28 Acts not amounting to infringement  
29 Exhaustion of rights conferred by registered trade mark  
30 Registration subject to disclaimer or limitation  
 
INFRINGEMENT PROCEEDINGS  
31 Action for infringement  
32 Order for erasure, etc., of offending sign  
33 Order for delivery up of infringing goods, material or articles  
34 Order as to disposal of infringing goods, material or articles  
35 Remedy for groundless threats of infringement proceedings  
PART IV  
REGISTERED TRADE MARK AS OBJECT OF PROPERTY  
36 Nature of registered trade mark  
37 Co-ownership of registered trade mark  
38 Assignment, etc., of registered trade mark  IP/N/1/SGP/T/1/Rev.1 
Page 4  
 
  39 Registration of transactions affecting registered trade mark
 
40 Trusts and equities  
41 Application for registration of trade mark as object of property  
PART V  
LICENSING  
42 Licensing of registered trade mark  
43 Exclusive licences  
44 General provisions as to rights of licensees in case of infringement  
45 Exclusive licensee having rights and remedies of assignee  
PART VI  
OFFENCES  
46 Counterfeiting a trade mark  
47 Falsely applying a registered trade mark to goods or services  
48 Making or possessing of ar ticle for committing offence  
49 Importing or selling, etc., goods with falsely applied trade mark  
 50 Falsification of register, etc.
 
51 Falsely representing trade mark as registered  
52 Representation on trade marks of Arms or Flags prohibited, etc.  
53 Forfeiture and destruction of goods, etc., on conviction  
53A Enforcement measures  
PART VII  
INTERNATIONAL MATTERS  
 
THE MADRID PROTOCOL, ETC.  
54 Power to make provision giving effect to Madrid Protocol, etc.  
 THE PARIS CONVENTION, THE TRIPS AGREEMENT AND WELL KNOWN TRADE MARKS: 
SUPPLEMENTARY PROVISIONS  
55 Protection of well known trade marks  
55A Permitted use of well known trade marks  
56 National emblems, etc., of Convention countri es: Article 6ter of Paris Convention, etc.  
57 Emblems, etc., of certain international organi sations: Article 6ter of Paris Convention, etc.  
58 Notification under Article 6ter of Paris Convention, etc.  
59 Acts of agent or representative: Article 6septies of the Paris Convention, etc.  
PART VIII  
COLLECTIVE MARKS AND CERTIFICATION MARKS  
60 Collective marks  
61 Certification marks  
PART IX  
ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS  
 
THE REGISTRAR  
62 Registrar of Trade Marks and other officers  
63 Delegation by Registrar  
64 Registry of Trade Marks  
65 Seal of Registry  
   IP/N/1/SGP/T/1/Rev.1 
 Page 5 
 
 
  THE REGISTER  
66 The register  
67 Rectification or correction of register  
68 Inspection of and extract from register  
 
POWERS AND DUTIES OF REGISTRAR  
69 Costs awarded by Registrar  
70 Security for costs  
71 Evidence before Registrar  
72 Disobedience to summons an offence  
73 Refusal to give evidence an offence  
74 Exclusion of liability in respect of official acts  
75 Appeals from Registrar  
 
FORMS, FEES, HOURS OF BUSINESS AND PUBLICATION  
76 Forms and directions of Registrar  
77 Fees  
78 Hours of business and excluded days  
79 Publication of trade mark applications, etc.  
 
TRADE MARK AGENTS  
80 Recognition of agents  
PART X  
ASSISTANCE BY BORDER AUTHORITIES  
 BORDER ENFORCEMENT MEASURES
 
81 Interpretation of this Part  
82 Restriction of importation of infringing goods  
83 Security for liability or expense of seizure  
84 Secure storage of seized goods  
85 Notice of seizure  
86 Inspection, release, etc., of seized goods  
87 Forfeiture of seized goods by consent  
88 Compulsory release of seized goods to importer  
89 Compensation for failure to take action  
90 Actions for infringement of registered trade mark  
91 Retention of control of seized goods  
92 Disposal of seized goods ordered to be forfeited  
93 Insufficient security  
93A Detention and examination of counterfeit goods  
 
POWERS OF SEARCH  
94 Powers of search in relation to vessels, aircraft and vehicles  
95 Examination of packages, etc.  
96 Power to remove packages and goods to police station or examination station  
97 Search of persons and baggage  
98 Powers of authorised officers to enter certain premises  
99 Obstruction  
100 Immunity of Government, etc.  
 IP/N/1/SGP/T/1/Rev.1 
Page 6  
 
  PART XI
 
MISCELLANEOUS AND GENERAL PROVISIONS  
101 Registration to be prima facie evidence  
102 Certificate of validity of contested registration  
103 Certificate of Registrar  
104 Costs of proceedings before Court  
105 Burden of proving use of trade mark  
105A Composition of offences  
106 Jurisdiction of Courts  
107 Offence committed by partnership or body corporate  
108 Power to make rules  
109 Transitional provisions  
 
FIRST SCHEDULE  
COLLECTIVE MARKS  
 
 
SECOND SCHEDULE  
CERTIFICATION MARKS  
 
 
THIRD SCHEDULE  
TRANSITIONAL PROVISIONS  
 
LEGISLATION HISTORY   
 
 
COMPARATIVE TABLE  
 
  IP/N/1/SGP/T/1/Rev.1 
 Page 7 
 
 
   
  Actual Provisions   [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]  
 
TRADE MARKS ACT 
 
(CHAPTER 332) 
 
 
An Act to establish a new law for trade marks, to enable Singapore to give effect to certain 
international conventions on intellectual pr operty and for matters connected therewith.  
 
[15th January 1999]  
[31st October 2000 — (for section 54)]   
Notes: — Unless otherwise stated, the abbreviations used in the references to other Acts and statutory 
provisions are references to the following Acts and statutory provisions. The references are provided 
for convenience and are not part of the Act: 
 
UK Trade Marks Act 1994 : UK Trade Marks Act 1994 (c. 26) Aust. Trade Marks Act 1995 : Australia Tr ade Marks Act (Commonwealth, 1995 Act) 
Copyright 1988 Ed. : Singapore Copyright Act (Chapter 63, 1988 Revised Edition) Patents 1995 Ed. : Singapore Patents Act (Chapter 221, 1995 Revised Edition) 
Trade Marks 1992 Ed. : Singapore Trade Marks Act (Chapter 332, 1992 Revised 
Edition) 
TRIPS : Agreement on Trade-Related Aspects of Intellectual Property 
Rights 
Paris Convention : Paris Convention for th e Protection of Industrial Property of 
March 20th, 1883, as revised or amended from time to time. 
 
 
PART I 
 
PRELIMINARY 
 
Short title 
1.—This Act may be cited as the Trade Marks Act.  
 
Interpretation 
 
2.—(1) In this Act, unless the context otherwise requires —  
 
"business" includes a trade or profession;   "business identifier" means any sign capable of be ing represented graphically which is used to 
identify any business;  IP/N/1/SGP/T/1/Rev.1 
Page 8  
 
   
"certification mark" has the meaning assigned to it in section 61;   "collective mark" has the meaning assigned to it in section 60;   
"Convention country" means —    
 
(a)  in section 10 and paragraph 13 of the Th ird Schedule, a country or territory, other 
than Singapore, which is —   
(i)  a party to the Paris Convention; or  
 (ii)  a member of the World Trade Organisation; and   
(b)  in any other provision of this Act, a country or territory which is —  
 
(i)  a party to the Paris Convention; or  
 
(ii)  a member of the World Trade Organisation;  
 
"Court" means the High Court;  
 
"dilution" , in relation to a trade mark, means th e lessening of the capacity of the trade mark 
to identify and distinguish goods or services, regardless of whether there is —    
 
(a) any competition between the proprietor of the trade mark and any other party; or  
 
(b) any likelihood of confusion on the part of the public;  
 
"earlier trade mark" means —    
 
(a) a registered trade mark or an interna tional trade mark (Singapore), the application 
for registration of which was made earlier than the trade mark in question, taking 
account (where appropriate) of the priorities claimed in respect of the trade marks; or   (b) a trade mark which, at the date of app lication for registration of the trade mark in 
question or (where appropriate) of the priority claimed in respect of the 
application, was a well known trade mark,  
 
and includes a trade mark in respect of which an application for registration has been made 
and which, if registered, would be an earlier trad e mark by virtue of paragraph (a) subject to 
its being so registered;  
 
"geographical indication" has the same me aning as in section 2 of the Geographical 
Indications Act (Cap. 117B);  
 
"international trade mark (Singapore)" has the meaning given to it under section 54;   
"Office" means the Intellectual Property Office of Singapore incorporated under the 
Intellectual Property Office of Singapore Act (Cap. 140);  
 
"Paris Convention" means the Convention for the Protection of Industrial Property signed at 
Paris on 20th March 1883, as revised or  amended from time to time;   IP/N/1/SGP/T/1/Rev.1 
 Page 9 
 
 
   
"proprietor" means —     
(a) in relation to a registered trade mark, th e person in whose name the trade mark is 
registered; or  
 
(b) in relation to an unregistered trade mark that is a well known trade mark, the 
person to whom the trade mark belongs;   
"register" means the register of trade marks maintained by the Registrar under section 66;  
 
"Registrar" means the Registrar of Trade Mark s referred to in section 62 and includes any 
Deputy Registrar of Trade Marks referred to in that section;  
 
"Registry" means the Registry of Trade Marks established under section 64;  
 
"repealed Act" means the Trade Marks Act (Cap . 332, 1992 Ed.) repealed by the Trade Marks 
Act 1998 (Act 46 of 1998, revised as Cap. 332, 1999 Ed.);  
 
"sign" includes any letter, word, name, signatu re, numeral, device, brand, heading, label, 
ticket, shape, colour, aspect of pack aging or any combination thereof;  
 
"trade" includes any business or profession;  
 
"trade mark" means any sign capable of being re presented graphically and which is capable of 
distinguishing goods or services dealt with or provided in the course of trade by a person from 
goods or services so dealt with or provided by any other person;  
 "TRIPS Agreement" means the Agreement on Trad e-Related Aspects of Intellectual Property 
Rights, set out in Annex 1C to the WTO Agr eement, as revised or amended from time to 
time;   
"well known trade mark" means —    
 
(a) any registered trade mark that is well known in Singapore; or  
 
(b) any unregistered trade mark that is well known in Singapore and that belongs to a 
person who —  
 
(i) is a national of a Convention country; or  
 
(ii) is domiciled in, or has a real and effective industrial or commercial 
establishment in, a Convention country,  
 
whether or not that person carries on business,  or has any goodwill, in Singapore;  
 
"WTO Agreement" means the World Trade Orga nisation Agreement signed in Marrakesh in 
1994 as revised or amended from time to time.     
 
[3/2001; 20/2004;S 2/2000] 
 IP/N/1/SGP/T/1/Rev.1 
Page 10  
 
  (2) References in this Act to a trade mark include  any trade mark which relates to a service that is 
ancillary to goods or services dealt with or provided in the course of trade by a person, whether or not 
the service is provided for money or money's worth.    (3) References in this Act to a trade mark include, unless the context otherwise requires, a 
collective mark or certification mark.   
 (4) References in this Act to use (or any particul ar description of use) of a trade mark, or of a 
sign identical with, similar to, or likely to be mistaken for a trade mark, include use (or that 
description of use) otherwise than by means of a graphic representation.   
 
(5) References in this Act to registration (in partic ular, in the expression “registered trade mark”) are, 
unless the context otherwise requires, to registration in the register.    (6) In this Act, a sign is taken to be applied to  goods, material or any other thing if it is woven 
in, impressed on, worked into, or affixed or annexed to, the goods, material or thing.   
 (7) Subject to subsection (8), in deciding, for the purposes of this Act, whether a trade mark is well 
known in Singapore, it shall be relevant to take into account any matter from which it may be inferred 
that the trade mark is well known, including such  of the following matters as may be relevant:  
 
(a) the degree to which the trade mark is known to  or recognised by any relevant sector of the 
public in Singapore;  
 
(b) the duration, extent and geographical area of —  
 
(i) any use of the trade mark; or  
 
(ii) any promotion of the trade mark, including any advertising of, any publicity given to, or any presentation at any fair or e xhibition of, the goods or services to which 
the trade mark is applied;  
 
(c) any registration or application for the registration of the trade mark in any country or 
territory in which the trade mark is used or recognised, and the duration of such registration or application;  
 
(d) any successful enforcement of any right in the trade mark in  any country or territory, and 
the extent to which the trade mark was rec ognised as well known by the competent authorities 
of that country or territory;  
 
(e) any value associated with the trade mark.    
 
[20/2004] 
 
(8) Where it is determined that a trade mark is well known to any re levant sector of the public in 
Singapore, the trade mark shall be deemed  to be well known in Singapore.    
 
[20/2004] 
 
(9) In subsections (7) and (8), “relevant sector  of the public in Singapore” includes any of 
the following:    IP/N/1/SGP/T/1/Rev.1 
 Page 11 
 
 
  (a) all actual consumers and potential consum ers in Singapore of the goods or services to 
which the trade mark is applied;   (b) all persons in Singapore involved in the dist ribution of the goods or services to which the 
trade mark is applied;  
 
(c) all businesses and companies in Singapore dea ling in the goods or services to which the 
trade mark is applied.  
 
[UK Trade Marks Act 1994, ss. 1, 6, 53, 55 (1), 103]   
 
[20/2004] 
 
Meaning of infringing goods, material or articles and counterfeit goods or trade mark 
3.—(1) For the purposes of this Act —  
 
(a) “infringing goods”, “infringing material” a nd “infringing articles” shall be construed in 
accordance with subsections (2), (3 ) and (4), respectively; and  
 
(b) “counterfeit goods” and “counterfeit trade mark ” shall be construed in accordance with 
subsections (5) and (6), respectively.    
 
[20/2004] 
 
(2) Goods are “infringing goods”, in relation to a registered trade mark, if they or their packaging bears a sign identical with or similar to that mark and —  
 
(a) the application of the sign to the goods or  their packaging was an infringement of the 
registered trade mark;  
 
(b) the goods are proposed to be imported into Singapore and the application of the sign in Singapore to them or their packaging would be an infringement of the registered trade mark; 
or  
 
(c) the sign has otherwise been used in relati on to the goods in such a way as to infringe the 
registered trade mark.   
(3) Material is “infringing material”, in relation to a registered trade mark, if it bears a sign 
identical with or similar to that mark and either —   
(a) it is used for labelling or packaging goods, as a business paper, or for advertising goods or 
services, in such a way as to infring e the registered trade mark; or  
 
(b) it is intended to be so used and such u se would infringe the registered trade mark.  
 (4) “Infringing articles”, in relation to a registered trade mark, means articles —  
 
(a) which are used for making copies of a sign identical with or similar to that mark; and  
 
(b) which a person has in his possession, custod y or control, knowing or having reason to 
believe that they have been or are to be used to produce infringing goods or material.   
 
[20/2004]  IP/N/1/SGP/T/1/Rev.1 
Page 12  
 
  (5) Goods are “counterfeit goods”, in relation to a registered trade mark, if —  
 
(a) they are infringing goods in relation to that mark; and  
 
(b) the sign borne by them or their pack aging is a counterfeit trade mark.    
 
[20/2004] 
 
(6) A sign is a “counterfeit trade mark”, in rela tion to a registered trade mark, if the sign —  
 
(a) is identical with or so nearly resembling th e registered trade mark as to be calculated to 
deceive; and  
 
(b) is applied to goods or services —  
 
(i) without the express or implied consent (c onditional or otherwise) of the proprietor 
of the registered trade mark; and  
 
(ii) to falsely represent the goods or services to be the genuine goods or actual services of the proprietor or a licensee of the registered trade mark.  
 [UK Trade Marks Act 1994, s. 17]  
 
[20/2004] 
 
PART II 
 
REGISTRATION OF TRADE MARKS 
 
PART INTRODUCTORY 
 
Registered trade marks 
4.—(1) A registered trade mark is a property right ob tained by the registration of the trade mark under 
this Act and the proprietor of a registered trade mark has the rights and remedies provided by this 
Act.    (2) No proceedings shall lie to prevent or recove r damages for the infringement of an unregistered 
trade mark as such; but nothing in this Act shall a ffect the law relating to passing off of rights under 
the Geographical Indications Act (Cap. 117B).    
[UK Trade Marks Act 1994, s. 2; Trade Marks 1992 Ed., s. 49, 53]   
  
Application for regist ration of trade mark 
 
Application for registration 
5.—(1) An application for registration of a trade mark  shall be made in the prescribed manner to the 
Registrar.   
  IP/N/1/SGP/T/1/Rev.1 
 Page 13 
 
 
  (2) The application shall —  
 
(a) contain a request for the registration of a trade mark;  
 
(b) state the name and address of the applicant;  
 
(c) contain a clear representation of the trade mark;  
 
(d) list the goods or services in relation to whic h the applicant seeks to register the trade mark; 
and  
 
(e) state —  
 
(i) that the trade mark is being used in the course of trade, by the applicant or with his 
consent, in relation to those goods or services; or  
 
(ii) that the applicant has a bona fide intenti on that the trade mark should be so used.    
 
[20/2004] 
 
(3) The application shall be subject to the paymen t of the application fee and such other fees as may 
be appropriate.   
 (4) The date of the application for registration of th e trade mark shall be the earliest date on which —  
 
(a) all the requirements under subsecti on (2) have been satisfied; and  
 
(b) all the fees payable under subsection (3) —  
 
(i) have been paid; or  
 
(ii) are treated by the Registrar as paid.  
 
[UK Trade Marks Act 1994, s. 32]  
 
[20/2004] 
 
Division of application for registration 
5A.—(1)   Subject to this section and any rules made under subsection (3), an application for 
registration of a trade mark may, at the request of the applicant, be divided into 2 or more separate 
applications for registration of the trade mark.    (2)   A request under subsection (1) —  
 
(a)  shall be made to the Registrar —  
 
(i)  in the prescribed manner; and  
 
(ii)  before the trade mark is registered; and  
 
(b)  shall be subject to the payment of such fee as may be prescribed.  
 IP/N/1/SGP/T/1/Rev.1 
Page 14  
 
  (3)   The Minister may make rules for the pur poses of this section and may, in those rules, 
provide for —  
(a)  the circumstances in which an application fo r registration of a trade mark may be divided;  
 
(b)  the conditions to be satisfied before a re quest under subsection (1) may be granted by the 
Registrar; and  
 
(c)  the effect of dividing an application for registration of a trade mark into 2 or more separate applications for registration of the trade mark.  
 Classification of goods and services 
6.—(1) Goods and services shall be classified for the purposes of the registration of trade marks 
according to a prescribed system of classification.    (2) Any question arising as to the class within which any goods or services fall shall be determined by 
the Registrar, whose decision shall be final.   
 
[UK Trade Marks Act 1994, s. 34; Trade Marks 1992 Ed., s. 9 (2)]   
 
 
Grounds for refusal of registration 
 Absolute grounds for refusal of registration 
7.—(1) The following shall not be registered:  
 
(a) signs which do not satisfy the definition of a trade mark in section 2 (1);   (b) trade marks which are devoid of any distinctive character;   
(c) trade marks which consist exclusively of signs  or indications which may serve, in trade, to 
designate the kind, quality, quantity, intended pu rpose, value, geographical origin, the time of 
production of goods or of rendering of services, or  other characteristics of goods or services; 
and   
(d) trade marks which consist exclusively of  signs or indications which have become 
customary in the current language or in the bona fide and established practices of the trade.  
 (2) A trade mark shall not be refused registration by virtue of subsection (1) (b), (c) or (d) if, 
before the date of application for registration, it h as in fact acquired a distinctive character as a result 
of the use made of it.   
 
(3) A sign shall not be registered as a trad e mark if it consists exclusively of —  
 
(a) the shape which results from the nature of the goods themselves;  
 
(b) the shape of goods which is necessar y to obtain a technical result; or  
 (c) the shape which gives substa ntial value to the goods.  
 (4) A trade mark shall not be registered if it is —  
 
(a) contrary to public policy or to morality; or   IP/N/1/SGP/T/1/Rev.1 
 Page 15 
 
 
  (b) of such a nature as to deceive the pub lic (for instance as to the nature, quality or 
geographical origin of the goods or service).   
(5) A trade mark shall not be registered if or to the extent that its use is prohibited in Singapore by 
any written law or rule of law.   
 
(6) A trade mark shall not be registered if or to the extent that the application is made in bad faith.   
 (7) Notwithstanding subsection (2), a trade mark shall not  be registered if it contains or consists of a 
geographical indication in respect of a wine or spirit and the trade mark is used or intended to be used 
in relation to a wine or spirit not originating from the place indicated in the geographical indication.   
 (8) Subsection (7) shall apply whether or not the tr ade mark has, or is accompanied by, an indication 
of the true geographical origin of the wine or spirit, as the case may be, or an expression such as 
“kind”, “type”, “style”, “imitation” or the like, and irrespective of the language the geographical 
indication is expressed in that trade mark.   
 (9) A trade mark shall not be refused registration by virtue of subsection (7) if the application for its 
registration had been made in good faith, or if it had been used continuously in good faith in the course of trade by the applicant for its regist ration or his predecessor in title, either —  
 
(a) before 15th January 1999; or  
 (b) before the geographical indication in questi on is protected in its country of origin.  
 
(10) A trade mark shall not be refused registrati on by virtue of subsection (7) if the geographical 
indication in question —  
 
(a) has ceased to be protected; or   (b) has fallen into disuse,  
 
in its country of origin.   
 (11) A trade mark shall not be registered in the cases specified in sections 56 and 57.    (12) The Minister may make rules to provide that a sign specified in the rules shall not be registered 
as a trade mark, or shall not be so registered unless such conditions as may be prescribed are met.   
 (13) A trade mark shall not be registered if or to the extent that the registration contravenes any rule 
made under subsection (12).   
 
[UK Trade Marks Act 1994, s. 3; TRIPS Arts. 23, 24]   
 
Relative grounds for refusal of registration 
8.—(1) A trade mark shall not be registered if it is  identical with an earlier trade mark and the goods 
or services for which the trade mark is sought to be registered are identical with the goods or 
services for which the earlier trade mark is protected.   
 
(2) A trade mark shall not be registered if because —   
(a) it is identical with an earlier trade mark a nd is to be registered for goods or services 
similar to those for which the earlier trade mark is protected; or  IP/N/1/SGP/T/1/Rev.1 
Page 16  
 
  (b) it is similar to an earlier trade mark and is  to be registered for goods or services identical 
with or similar to those for which the earlier trade mark is protected,  
 
there exists a likelihood of confusion on the part of the public.    
(3) Where an application for registration of a trade mark is made before 1st July 2004, if the trade 
mark —   
(a) is identical with or similar to an earlier trade mark; and   
(b) is to be registered for goods or services whic h are not similar to those for which the earlier 
trade mark is protected,   
the later trade mark shall not be registered if —    
(i) the earlier trade mark is well known in Singapore;  
 (ii) use of the later trade mark in relation to  the goods or services for which the later trade 
mark is sought to be registered would indi cate a connection between those goods or services 
and the proprietor of the earlier trade mark;   
(iii) there exists a likelihood of  confusion on the part of the public because of such use; and  
 (iv) the interests of the proprietor of the earlie r trade mark are likely to be damaged by such 
use.     
[20/2004] 
 
(4) Subject to subsection (5), where an applicatio n for registration of a trade mark is made on or 
after 1st July 2004, if the whole or an essential part of  the trade mark is identical with or similar to an 
earlier trade mark, the later trade mark shall not be registered if —   
(a) the earlier trade mark is well known in Singapore; and  
 
(b) use of the later trade mark in relation to the goods or services for which the later trade 
mark is  sought to be registered —  
 
(i) would indicate a connection between those goods or services and the proprietor of 
the earlier trade mark, and is likely to dama ge the interests of the proprietor of the 
earlier trade mark; or   (ii) if the earlier trade mark is well known to the public at large in Singapore —   
(A) would cause dilution in an unfair manner of the distinctive character of 
the earlier trade mark; or   (B) would take unfair advantage of the distinctive character of the earlier trade mark.    
 
[20/2004] 
  IP/N/1/SGP/T/1/Rev.1 
 Page 17 
 
 
  (5) A trade mark shall not be refused registration by virtue of subsection (4) if the application for the 
registration of the trade mark was filed before the earlier trade mark became  well known in Singapore, 
unless it is shown that the application was made in bad faith.     
[20/2004] 
 
(6) In deciding whether any such application was made  in bad faith, it shall be relevant to consider 
whether the applicant had, at th e time the application was made, knowledge of, or reason to know of, 
the earlier trade mark.     
[20/2004] 
 
(7) A trade mark shall not be registered if, or to  the extent that, its use in Singapore is liable to 
be prevented —   
(a) by virtue of any rule of  law (in particular, the law of passing off) protecting an 
unregistered trade mark or other sign used in the course of trade; or   (b) by virtue of an earlier right other than tho se referred to in subsections (1), (2) and (3) or 
paragraph (a), in particular by virtue of the law of copyright or any law with regard to the 
protection of designs.  
 
(8) A person entitled under subsection (7) to prevent the use of a trade mark is referred to in this 
Act as the proprietor of an earlier right in relation to the trade mark.    (9) The Registrar may, in his discretion, register  a trade mark where the proprietor of the earlier 
trade mark or other earlier right consents to the registration.   
 (10) The Registrar may, in his discretion, register any trade mark referred to in subsection (3), (4) or 
(7) where the proprietor of the earlier trade mark or  other earlier right fails to give notice to the 
Registrar of opposition to the registrati on in accordance with section 13.    
 
[20/2004] 
 
(11) A trade mark which is an earlier trade mark by virtue of paragraph (a) of the definition of 
“earlier trade mark” in section 2 (1) and whose regist ration expires, shall continue to be taken into 
account in determining the registrability of a later mark for a period of one year after the expiry, 
unless the Registrar is satisfied that there was no bona fide use of the mark during the 2 years 
immediately preceding the expiry.    
[UK Trade Marks Act 1994, s. 5; TRIPS Art. 16]   
 
Raising of relative grounds in case of honest concurrent use 
9.—(1) Where, on an application for the registration of a trade mark, it appears to the Registrar —  
 
(a) that there is an earlier trade mark in rela tion to which the conditions set out in section 8 
(1), (2) or (3) apply; or   
(b) that there is an earlier right in relation to  which the condition set out in section 8 (7) is 
satisfied,   
but the applicant shows to the satisfaction of the Regi strar that there has been honest concurrent use in 
the course of trade in Singapore of the trade mark for which registration is sought, the Registrar shall IP/N/1/SGP/T/1/Rev.1 
Page 18  
 
  not refuse the application by reason of the earlier trade mark or other earlier right unless objection on 
that ground is raised in opposition proceedings by th e proprietor of that earlier trade mark or other 
earlier right.    (2) Nothing in this section shall affect —  
 
(a) the refusal of registration on the grounds mentioned in section 7; or   (b) the making of an application for a declaration of invalidity under section 23 (3).   
[UK Trade Marks Act 1994, s. 7]   
  
Priority 
 Claim to priority of Convention application 
10.—(1) Subject to subsection (6), where —  
 
(a) a person has filed an application for the registration of a trade mark in a Convention 
country in respect of certain goods or services;   (b) that application is the first application for th e registration of the trade mark to be filed in 
any Convention country in respect of those goods  or services (referred to in this section as the 
first Convention application); and  
 
(c) within 6 months after the date on which th e first Convention application is filed, that 
person or his successor in title applies under this Act for the registration of the trade mark in 
respect of all or any of those goods or services,  
 
that person or his successor in title may, when fili ng the application under this Act, claim a right 
of priority for the registration of the trade mark in  respect of all or any of the goods or services for 
which registration was sought in the first Convention application.    
 
[20/2004] 
 
(2) Where any person claims the right of priority  referred to in subsection (1), the person shall 
have priority from (and including) the date on which the first Convention application was filed.    
 
[20/2004] 
 
(3) Where the right of priority referred to in sub section (1) is claimed in respect of a trade mark, 
the registrability of the trade mark shall not be aff ected by any use of the trade mark in Singapore in 
the period between —    
(a) the date the first Convention application was filed; and  
 
(b) the date the application under this Act was filed.    
 
[20/2004]  
  IP/N/1/SGP/T/1/Rev.1 
 Page 19 
 
 
  (4) Any filing which in a Convention country is eq uivalent to a regular national filing, under its 
domestic legislation or an intern ational agreement, shall be treated as giving rise to the right of 
priority.    (5) For the purposes of subsection (4), “regular na tional filing” means a filing which is adequate to 
establish the date on which the application was filed in the Convention country, whatever may be the 
subsequent fate of the application.    (6) Where a subsequent application concerning the same subject as an earlier application is filed, 
whether in the same or a different Convention country, and these are the first 2 applications 
concerning that subject to be filed in any Conven tion country, the subsequent application shall be 
considered the first Convention application if, at the date the subsequent application is filed —  
 
(a) the earlier application has been withdraw n, abandoned or refused, without having been 
laid open to public inspection and without leaving any rights outstanding; and  
 
(b) the earlier application has not yet served as a basis for claiming a right of priority.     
[20/2004] 
 
(7) For the avoidance of doubt, where subsection (6) applies —  
 
(a) the date on which the subsequent applicati on was filed, rather than that of the earlier 
application, shall be considered the starting date  of the period of priority under subsection (2); 
and   
(b) the earlier application may not thereafter serve as a basis for claiming a right of priority.    
 
[20/2004] 
 
(8) The Minister may make rules as to the manne r of claiming priority under this section.   
 
(9) A right of priority arising under this secti on may be assigned or otherwise transmitted, either 
with the application or independently, and the refe rence in subsection (1) to  the applicant’s “successor 
in title” shall be construed accordingly.    
[UK Trade Marks Act 1994, s. 35; Paris Con vention Arts. 4A (2) and (3), 4C (4)]   
 
Claim to priority from other relevant overseas application 
11.—(1) The Minister may, by order, confer on a person who has filed an application for the 
registration of a trade mark in a country or territory  to which the Government has entered into a treaty, 
convention, arrangement or engagement for the r eciprocal protection of trade marks, a right to 
priority, for the purpose of registering the same trad e mark under this Act for some or all of the same 
goods or services, for a specified period from the date of filing of that application.   
 (2) An order under this section may make provision co rresponding to that set out in section 10 or such 
other provision as appears to the Minister to be appropriate.    [UK Trade Marks Act 1994, s. 36]   
 IP/N/1/SGP/T/1/Rev.1 
Page 20  
 
  Registration procedure 
 
Examination of application 
12.—(1) The Registrar shall examine whether an appli cation for registration of a trade mark satisfies 
the requirements of this Act (including any requi rements imposed by rules made under this Act).   
 
(2) For the purpose of subsection (1), the Regist rar may carry out a search, to such extent as he 
considers necessary, of earlier trade marks.    (3)   If it appears to the Registrar that the require ments for registration are not met or that additional 
information or evidence is required to meet tho se requirements, the Registrar shall inform the 
applicant and give him an opportunity, within  such period as may be prescribed, to make 
representations, to amend the application or to fu rnish the additional or an y other information or 
evidence.    
(4)   If the applicant responds within the period refe rred to in subsection (3) but fails to satisfy the 
Registrar that those requirements are met, or to  amend the application or furnish the additional 
information or evidence so as to meet them, the Registrar may refuse to accept the application.   
 (4A)   If the applicant fails to respond within the period referred to in subsection (3), the application 
shall be treated as withdrawn.   
 
(5) If it appears to the Registrar that the requireme nts for registration are met, the Registrar shall 
accept the application.    
[UK Trade Marks Act 1994, s. 37]   
 
Publication and opposition proceedings 
13.—(1) When an application for registration has been accepted, the Registrar shall cause the 
application to be published in the prescribed manner.    (2) Any person may, within the prescribed time from the date of the publication of the application, 
give notice to the Registrar of opposition to the registration.   
 (3) The notice shall be given in writing in the prescr ibed manner, and shall include a statement of the 
grounds of opposition and such othe r matter as may be prescribed.   
 
(4) The Minister may make rules to provide fo r opposition proceedings a nd for matters relating 
thereto.    
[UK Trade Marks Act 1994, s. 38 (1) and (2)]   
 
Withdrawal, restriction or amendment of application 
14.—(1) The applicant may at any time withdraw his application or restrict the goods or services 
covered by the application.    (2) If the application has been published, the withdr awal or restriction shall also be published.   
 
(3) In other respects, an application may be amen ded, at the request of the applicant, only by 
correcting —   
(a) the name or address of the applicant;   IP/N/1/SGP/T/1/Rev.1 
 Page 21 
 
 
   
(b) errors of wording or of copying; or   (c) obvious mistakes,   
and then only where the correction does not substa ntially affect the identity of the trade mark 
or extend the goods or services covered by the application.    (4) The Minister may make rules for the publ ication of any amendment which affects the 
representation of the trade mark, or the goods or services covered by the application, and for the 
making of objections by any person claiming to be affected by it.   
 
[UK Trade Marks Act 1994, s. 39]   
 Registration 
15.—(1) Where an application has been accepted and —  
 
(a) no notice of opposition is given within the period referred to in  section 13 (2); or  
 (b) all opposition proceedings are withdrawn or  decided in favour of the applicant,  
 
the Registrar shall register the trade mark.   
 (2) A trade mark when registered shall be regi stered as of the date of the application for 
registration, and that date shall be deemed for the purp oses of this Act to be the date of registration.    
 
[20/2004] 
 
(3) On the registration of a trade mark, the Regist rar shall issue to the applicant a certificate of 
registration.    
[UK Trade Marks Act 1994, s. 40; Trade Marks 1992 Ed., s. 31]   
 
Revocation of acceptance 
16.—(1) Notwithstanding section 15 (1), if, before a trade mark is registered, the Registrar is 
satisfied —   
(a) that the application for registration of the tr ade mark was accepted because of an error or 
omission in the course of the examination; or   (b) that, in the special circumstances of the case, the trade mark should not be registered,  
 
the Registrar may revoke the acceptance of the application.   
 
(2) If the Registrar revokes the acceptance —   
(a) the application is taken to have never been accepted; and  
 
(b) section 12 again applies in relation to the application.  
 
[Aust. Trade Marks Act 1995, s. 38]   
 IP/N/1/SGP/T/1/Rev.1 
Page 22  
 
  Series of trade marks 
 
Registration of series of trade marks 
17.—(1) A person may make a single application unde r section 5 for the registration of a series of 
trade marks.   
 
(2) For the purposes of this Act, “series of tr ade marks” means a number of trade marks which 
resemble each other as to their material partic ulars and which differ only as to matters of a non-
distinctive character not substantially aff ecting the identity of the trade mark.   
 
(3) If the application meets all the requirements unde r this Act and the Registrar is required under 
section 15 to register the trade marks, he shall re gister them as a series in one registration.   
 
[UK Trade Marks Act 1994, s. 41 (2); Aust. Trade Marks Act 1995, s. 51]   
  
Duration, renewal and alteration  of registered trade mark 
 
Duration of registration 
18.—(1) A trade mark shall be registered for a period of 10 years from the date of registration.   
 
(2) Registration may be renewed in accordance with  section 19 for further periods of 10 years.   
 
[UK Trade Marks Act 1994, s. 42]   
 
Renewal of registration 
19.—(1) The registration of a trade mark may be rene wed at the request of the proprietor, subject to 
payment of the fee referred to in subsection (4) or the fees referred to in subsection (5), as the case 
may be.   
[20/2004] 
 
(2) The Minister may make rules for the Registrar to  inform the proprietor of a registered trade mark, 
before the expiry of the registration, of the date  of expiry and the manner in which the registration 
may be renewed.    (3) A request for renewal shall be made not later than 6 months after the date of expiry of the 
registration.   
[20/2004]  
 
(4) Where the request for renewal is made on or before  the date of expiry of the registration, the fee 
payable shall be the prescribed renewal fee.    
[20/2004] 
 
(5) Where the request for renewal is made within the period of 6 months after th e date of expiry of the 
registration, the fees payable shall be the prescribed re newal fee and the prescribed late renewal fee.    
 
[20/2004] 
 (6) Renewal shall take effect from the ex piry of the previous registration.   
  IP/N/1/SGP/T/1/Rev.1 
 Page 23 
 
 
  (7) If the registration is not renewed in accordance with this section and the rules referred to in 
subsection (2), the Registrar shall remove the trade mark from the register.    (8) The Minister may make rules to provide for the restoration of the registration of a trade mark which has been removed from the register, subject to  such conditions, if any, as may be prescribed.   
 
[UK Trade Marks Act 1994, s. 43]   
 
Alteration of registered trade mark 
20.—(1) Subject to subsection (2), a registered trade mark shall not be altered in the register, either 
during the period of registration or on renewal.   
 (2) The Registrar may, at the request of the propr ietor, allow the alteration of a registered trade 
mark where the mark includes th e proprietor's name or address and the alteration is limited to 
alteration of that name or address and does not s ubstantially affect the identity of the mark.   
 
(3) The Minister may make rules for the publication of any such alteration and the making of objections by any person claiming to be affected by it.   
 
[UK Trade Marks Act 1994, s. 44]   
 
 
Cancellation, revocation and invalidity 
 
Cancellation of registered trade mark 
21.—(1) A registered trade mark may be cancelled by th e proprietor in respect of some or all of the 
goods or services for which it is registered.   
 (2) The Minister may make rules —   
(a) to provide for the manner and effect of a cancellation; and   
(b) for protecting the interests of other persons having a right in the registered trade mark.  
 
[UK Trade Marks Act 1994, s. 45]   
 
Revocation of registration 
22.—(1) The registration of a trade mark may be revoked on any of the following grounds:  
 
(a) that, within the period of 5 years followi ng the date of completion of the registration 
procedure, it has not been put to genuine use in the course of trade in Singapore, by the 
proprietor or with his consent, in relation to the goods or services for which it is registered, 
and there are no proper reasons for non-use;  
 
(b) that such use has b een suspended for an uninterrupted pe riod of 5 years, and there are no 
proper reasons for non-use;   (c) that, in consequence of acts or inactivity of the proprietor, it has become the common 
name in the trade for the product or service for which it is registered;  
 IP/N/1/SGP/T/1/Rev.1 
Page 24  
 
  (d) that, in consequence of the use made of it by  the proprietor or with his consent in relation 
to the goods or services for which it is registered , it is liable to mislead the public, particularly 
as to the nature, quality or geographical origin of those goods or services.   
(2) For the purposes of subsection (1), use of a trade mark includes use in a form differing in 
elements which do not alter the distinctive charac ter of the mark in the form in which it was 
registered, and use in Singapore includes applying the trade mark to goods or to materials for the labelling or packaging of goods in Si ngapore solely for export purposes.   
 (3) The registration of a trade mark shall not be revoked on the ground mentioned in paragraph (a) or 
(b) of subsection (1) if such use as is referred to in  that paragraph is commenced or resumed after the 
expiry of the 5 year period and before th e application for revocation is made.   
 (4) Any commencement or resumption of use referred  to in subsection (3) after the expiry of the 
5 year period but within the period of 3 months before the making of the application for revocation 
shall be disregarded unless preparations for th e commencement or resumption began before the 
proprietor became aware that the application might be made.    (5) An application for revocation may be made by  any person, and may be made either to the 
Registrar or to the Court, except that —   
(a) if proceedings concerning the trade mark in question are pending in the Court, the 
application must be made to the Court; and  
 
(b) if in any other case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the Court.  
 
(6) Where grounds for revocation exist in respect of only some of the goods or services for which 
the trade mark is registered, revocation shall relate to those goods or services only.    (7) Where the registration of a trade mark is revoked to any extent, the rights of the proprietor shall be deemed to have ceased to that extent as from —  
 
(a) the date of the application for revocation; or   (b) if the Registrar or the Court is satisfied th at the grounds for revocation existed at an earlier 
date, that date.  
 
[UK Trade Marks Act 1994, s. 46]   
 
Grounds for invalidity of registration 
23.—(1) The registration of a trade mark may be declared invalid on the ground that the trade mark 
was registered in breach of section 7.   
 
(2) Where the registered trade mark was registered in breach of section 7 in that it is a trade mark 
referred to in subsection (1) ( b), (c) or ( d) of that section, it shall not be declared invalid if, in 
consequence of the use which has been made of it, it has after registration acquired a distinctive 
character in relation to the goods or services for which it is registered.   
 
(3) The registration of a trade mark may be declared invalid on the ground —   
(a) that there is an earlier trad e mark in relation to which —  
  IP/N/1/SGP/T/1/Rev.1 
 Page 25 
 
 
  (i) the conditions set out in section 8 (1) or (2) apply;  
 (ii) where the trade mark has been regi stered pursuant to an application for 
registration of the trade mark made before  1st July 2004, the conditions set out in 
section 8 (3) apply; or  
(iii) where the trade mark has been regi stered pursuant to an application for 
registration of the trade mark made on or after 1st July 2004, the conditions set out in section 8 (4) apply; or   
(b) that there is an earlier right in relation to  which the condition set out in section 8 (7) is 
satisfied,  
 
unless the proprietor of that earlier trade mark or othe r earlier right has consented to the registration.   
 
[20/2004] 
 
(4) The registration of a trade mark may be declar ed invalid on the ground of fraud in the registration 
or that the registration was obtained by misrepresentation.    (5) An application for a declaration of invalidity ma y be made by any person, and may be made either 
to the Registrar or to the Court, except that —  
 
(a) if proceedings concerning the trade mark in question are pending in the Court, the application must be made to the Court; and   (b) if in any other case the application is made to the Registrar, he may at any stage of the 
proceedings refer the application to the Court.  
 
(6) An application for a declaration of invalidity of the registration of a trade mark on the ground 
that it was in breach of section 7 (7) shall not be made after the expiry of 5 years from —   
(a) the date of completion of the registration procedure; or  
 
(b) the date on which use of the trade mark by  the person who applied for its registration or 
his predecessor in title has become generally known in Singapore,   
whichever is the earlier, unless the applicant show s that the registration of the trade mark was 
applied for in bad faith.    
[20/2004] 
 
(7) An application for a declaration of invalidity of the registration of a trade mark on the ground 
that there is an earlier trade mark in relation to which the conditions set out in section 8 (3) or (4) 
apply —  
 
(a) shall not be made after the expiry of 5 year s from 1st July 2004 or the date of completion 
of the registration procedure, whichever is th e later, unless the applicant for the declaration 
shows that —   
(i) the registration of the later trade mark was applied for in bad faith; or  
 (ii) the later trade mark was never used; and   IP/N/1/SGP/T/1/Rev.1 
Page 26  
 
  (b) shall not be granted if the registration of the later trade mark was applied for before the 
earlier trade mark became well known in Singapor e, unless the applicant for the declaration 
shows that the registration of the later trad e mark was applied for in bad faith.    
 
[20/2004] 
 
(8) In deciding whether the registration of the late r trade mark was applied for in bad faith, it shall 
be relevant to consider whether the applicant for th e registration of the later trade mark had, at the 
time his application was made, knowledge of, or reason to know of, the earlier trade mark.     
[20/2004] 
 
(9) Where the ground of invalidity exists in respect  of only some of the goods or services for which 
the trade mark is registered, the trade mark shall be declared inva lid as regards those goods or services 
only.   
 
(10) Where the registration of a trade mark is decl ared invalid to any extent, the registration shall 
to that extent be deemed never to have been ma de, but this shall not affect transactions past and 
closed.    
[UK Trade Marks Act 1994, s. 47; TRIPS Art. 24.7]   
 
Effect of acquiescence 
24.—(1) Where the proprietor of an earlier trade mark or other earlier right has acquiesced for a 
continuous period of 5 years in the use in the course of trade of a registered trade mark in Singapore, being aware of that use, there shall cease to be any entitlement on the basis of that earlier trade mark 
or other right —  
 
(a) to apply for a declaration that the registra tion of the later trade mark is invalid; or  
 
(b) to oppose the use of the later trade mark in  relation to the goods or services in relation to 
which it has been so used,   
 
unless the registration of the later trade mark was applied for in bad faith.  
 (2) Where subsection (1) applies, the proprietor of th e later trade mark is not entitled to oppose the use 
of the earlier trade mark or, as the case may be, th e exploitation of the earlier right, notwithstanding 
that the earlier trade mark or right may no longer be invoked against his later trade mark.   
 (3) For the purposes of subsection (1 ), in deciding whether the regi stration of the later trade mark 
was applied for in bad faith, it shall be relevant to  consider whether the applicant for the registration 
of the later trade mark had, at the time his app lication was made, knowledge of, or reason to know 
of, the earlier trade mark or other right.   
 
[UK Trade Marks Act 1994, s. 48]  
 
[20/2004] 
 
  IP/N/1/SGP/T/1/Rev.1 
 Page 27 
 
 
  Miscellaneous 
 
Amendment of other documents 25.—The Registrar may, at the written request of the person who has made an application (other than 
an application for the registration of a trade mark), or filed a notice or other document for the purposes of this Act, or at the written request of th e person's agent, amend the application, notice or 
document —  
 
(a) to correct a clerical error or an obvious mistake; or  
 
(b) if the Registrar is of the opinion that it is fair and reasonable in all the circumstances of the 
case to do so.   
[Aust. Trade Marks Act 1995, s. 66]   
 
 
PART III 
 
RIGHTS AND REMEDIES OF PROPRIETOR OF  
REGISTERED TRADE MARK 
 
Rights of proprietor of registered trade mark 
 
Rights conferred by registered trade mark 
26.—(1) The proprietor of a registered tr ade mark has the exclusive rights —  
 
(a) to use the trade mark; and  
 (b) to authorise other persons to use the trade mark,   
in relation to the goods or services for wh ich the trade mark is registered.   
 
(2) The proprietor has the right to obtain relief under this Act for infringement of his trade mark.   
 (3) The acts amounting to infringement of a regist ered trade mark are set out in section 27, and 
references in this Act to the infringement of a regist ered trade mark shall be construed accordingly.   
 
(4) The rights shall accrue to the proprietor as from th e date of registration of the trade mark, except 
that —   
(a) no infringement proceedings may be begun befo re the date on which the trade mark is in 
fact registered; and  
 
(b) no offence under section 46, 47, 48 or 49 is committed by anything do ne before the date 
on which the trade mark is in fact registered.   
(5) If the trade mark is registered subject to any di sclaimer or limitation, the rights of the proprietor 
are restricted by the disclaimer or limitation.   
 
[UK Trade Marks Act 1994, s. 9; Au st. Trade Marks Act 1995, s. 20]   IP/N/1/SGP/T/1/Rev.1 
Page 28  
 
   
Acts amounting to infringement of registered trade mark 
27.—(1) A person infringes a registered trade mark if, without the consent of the proprietor of the 
trade mark, he uses in the course of trade a sign whic h is identical with the trade mark in relation to 
goods or services which are identical with those for which it is registered.   
 
(2) A person infringes a registered trade mark if, w ithout the consent of the proprietor of the trade 
mark, he uses in the course of trade a sign where because —   
(a) the sign is identical with the trade mark and is used in relation to goods or services similar 
to those for which the trade mark is registered; or  
 (b) the sign is similar to the trade mark and is  used in relation to goods or services identical 
with or similar to those for whic h the trade mark is registered,  
 
there exists a likelihood of confusion on the part of the public.   
 (3) A person infringes a registered trade mark which is well known in Singapore if —   
(a) without the consent of the proprietor of th e trade mark, he uses in the course of trade a 
sign which is identical with or similar to the trade mark in relation to goods or services which 
are not similar to those for which the trade mark is registered;  
 (b) the use of the trade mark in relation to those goods or services would indicate a connection 
between those goods or services and the proprietor;   
(c) there exists a likelihood of confusion on the part of the public because of such use; and  
 
(d) the interests of the proprietor are likely to be damaged by such use.  
 (4) For the purposes of this section and sections 28,  29 and 31, a person uses a sign if, in particular, 
he —  
 
(a) applies it to goods or the packaging thereof;  
 
(b) offers or exposes goods for sale, puts them on the market or stocks them for those purposes under the sign, or offers or supplies services under the sign;  
 
(c) imports or exports goods under the sign;  
 
(d) uses the sign on an invoice, wine list, cat alogue, business letter, business paper, price list 
or other commercial document, including any such document in any medium; or  
 
(e) uses the sign in advertising.    
 
[20/2004] 
 
(5) Notwithstanding subsection (4), a person who —  
 
(a) applies a sign to any material used or intended to be used for labelling or packaging goods; or    IP/N/1/SGP/T/1/Rev.1 
 Page 29 
 
 
  (b) uses a sign on any document described in subsection (4) (d) or in advertising,  
 
is deemed not to use the sign if, at the time of such application or use, he does not know nor has 
reason to believe that the proprietor or a licensee of the registered trade mark did not consent to such 
application or use of the sign.   
 
[UK Trade Marks Act 1994, s. 10; TRIPS Art. 16; Trade Marks 1992 Ed., s. 73B (3) (c)]   
 
Acts not amounting to infringement 
28.—(1) Notwithstanding section 27, a person does not infringe a registered trade mark when —  
 
(a) he uses —   
(i) his name or the name of his place of business; or   
(ii) the name of his predecessor in business or the name of his predecessor's place of 
business;   
(b) he uses a sign to indicate —   
(i) the kind, quality, quantity, intended purpose, value, geographical origin or other 
characteristic of goods or services; or  
 (ii) the time of production of goods or of the rendering of services; or   
(c) he uses the trade mark to indicate the intended purpose of goods (in particular as 
accessories or spare parts) or services,   
 and such use is in accordance with honest pr actices in industrial or commercial matters.  
 (2) Notwithstanding section 27, a person does not infringe a registered trade mark by using an unregistered trade mark that is identical with or si milar to the registered trade mark in relation to 
goods or services identical with or similar to those for which the trade mark is registered if he, or he 
and his predecessor in title, have continuously used in  the course of trade the unregistered trade mark 
in relation to those goods or services from a time before —   
(a) the date of registration of the registered trade mark; or  
 
(b) the date the proprietor of the registered tr ade mark, or a predecessor in title, or a person 
who was a registered user of the trade mark under the repealed Act, first used the trade mark,  
 
whichever is the earlier.    
(3) Notwithstanding section 27, a registered trade mark is not infringed by the use of another 
registered trade mark in relation to goods or  services for which the latter is registered.   
 (4) Notwithstanding section 27, a person who uses a re gistered trade mark does not infringe the trade 
mark if such use —  
 
(a) constitutes fair use in comparative commercial advertising or promotion;  
 IP/N/1/SGP/T/1/Rev.1 
Page 30  
 
  (b) is for a non-commercial purpose; or  
 (c) is for the purpose of news reporting or news commentary.   
[UK Trade Marks Act 1994, s. 11; Aust . Trade Marks Act 1995, ss. 122, 124]   
[20/2004] 
 
Exhaustion of rights conferred by registered trade mark 
29.—(1) Notwithstanding section 27, a registered trade mark is not infringed by  the use of the trade 
mark in relation to goods which have been put on the market, whether in Singapore or outside 
Singapore, under that trade mark by the proprietor of  the registered trade mark or with his express or 
implied consent (conditional or otherwise).    (2) Subsection (1) shall not apply where —   
(a) the condition of the goods has been changed or impaired after they have been put on the 
market; and  (b) the use of the registered trade mark in relation to those goods has caused dilution in an 
unfair manner of the distinctive character of the registered trade mark.   
[UK Trade Marks Act 1994, s. 12]   
[20/2004] 
 
Registration subject to disclaimer or limitation 
30.—(1) An applicant for registration of a trade mark , or the proprietor of a registered trade mark, 
may —  
 
(a) disclaim any right to the exclusive use of any specified element of the trade mark; or  
 (b) agree that the rights conferred by the registra tion shall be subject to a specified territorial 
or other limitation.   
(2) Where the registration of a trade mark is subject to a disclaimer or limitation, the rights 
conferred by section 26 are restricted accordingly.    (3) The Minister may make rules as to the publicati on and entry in the register of a disclaimer or 
limitation.   
 
[UK Trade Marks Act 1994, s. 13]   
 
 
Infringement proceedings 
 
Action for infringement 
31.—(1) An infringement of a registered trade mark is actionable by the proprietor of the trade mark.   
 
(2) Subject to the provisions of this Act, in an ac tion for an infringement, th e types of relief that the 
Court may grant include the following:   
(a) an injunction (subject to such terms, if any, as the Court thinks fit);  
  
(b) damages;   IP/N/1/SGP/T/1/Rev.1 
 Page 31 
 
 
   
(c) an account of profits;  
 
(d) in any case to which subsection (5) applies, statutory damages under subsection (5) (c).    
 
[20/2004]  
 
(3) When the Court awards any damages under subsec tion (2) (b), the Court may also make an order 
under subsection (2) (c) for an account of any profits attributable to the infringement that have not 
been taken into account in computing the damages.    
 
[20/2004] 
 
(4) Except as provided for in subsection (3), the typ es of relief referred to in paragraphs (b), (c) 
and (d) of subsection (2) are mutually exclusive.    
 
[20/2004]  
(5) In any action for infringement of a registered  trade mark where the infringement involves the 
use of a counterfeit trade mark in relation to goods or services, the plaintiff shall be entitled, at his 
election, to —   
(a) damages and an account of any profits attributable to the infringement that have not been 
taken into account in computing the damages;   (b) an account of profits; or   
(c) statutory damages —  
 
(i) not exceeding $100,000 for each type of goods or service in relation to which the counterfeit trade mark has been used; and   (ii) not exceeding in the aggregate $1 million, unless the plaintiff proves that his 
actual loss from such infringement exceeds $1 million.    
 
[20/2004] 
 
(6) In awarding statutory damages under subsection (5) (c), the Court shall have regard to —  
 
(a) the flagrancy of the infringement of the registered trade mark;   (b) any loss that the plaintiff has suffered or is  likely to suffer by reason of the infringement;  
 (c) any benefit shown to have accrued to th e defendant by reason of the infringement;  
 
(d) the need to deter other similar instances of infringement; and   (e) all other relevant matters.   
[UK Trade Marks Act 1994, s. 14]   
[20/2004] 
 IP/N/1/SGP/T/1/Rev.1 
Page 32  
 
  Order for erasure, etc., of offending sign 
32.—(1) Subject to subsection (3), where a person is found to have infringed a registered trade mark, 
the Court may make an order requiring him —   
(a) to cause the offending sign to be erased , removed or obliterated from any infringing 
goods, material or articles in his possession, custody or control; or  
 (b) if it is not reasonably practicable for th e offending sign to be erased, removed or 
obliterated, to secure the destruction of the infri nging goods, material or articles in question.    
 
[20/2004] 
 
(2) If an order under subsection (1) is not complied w ith, or it appears to the Court likely that such 
an order would not be complied with, the Court may order that the infringing goods, material or 
articles be delivered up to such person as the Cour t may direct for erasure, removal or obliteration of 
the sign, or for destruction, as the case may be.   
 (3) Where a person who is found to have infringed a registered trade mark has in his possession, 
custody or control any counterfeit goods, the Court sh all order that the counterfeit goods be delivered 
up to such person as the Court may direct for destruction if —   
(a) the plaintiff applies to the Court for such an order; and  
 (b) the Court is of the view that there ar e no exceptional circumstances which justify the 
refusal of such an order.   
[UK Trade Marks Act 1994, s. 15]   
[20/2004] 
 
Order for delivery up of infringing goods, material or articles 
33.—(1) The Court may, in addition to any relief granted under sections 31 and 32 in any action for 
an infringement of a registered trade mark, orde r any infringing goods, material or articles in the 
possession of the defendant or before the Court to be delivered up to the plaintiff.   
 (2) No order shall be made under this section unl ess the Court also makes, or it appears to the 
Court that there are grounds for making, an order under section 34.    
(3) A person to whom any infringing goods, material or articles are delivered up in pursuance of an 
order under this section shall, if an order under section 34 is not made, retain them pending the 
making of an order, or the decision not to make an order, under that section.    
[Copyright 1988 Ed., s. 120]   
 
Order as to disposal of infringing goods, material or articles 
34.—(1) Where infringing goods, material or articles ha ve been delivered up in pursuance of an order 
under section 33, an application may be made to the Court —   
(a) for an order that they be destroyed or fo rfeited to such person as the Court may think fit; 
or  
 (b) for a decision that no such order should be made.    IP/N/1/SGP/T/1/Rev.1 
 Page 33 
 
 
  (2) In considering what order, if any, should  be made, the Court shall have regard to —  
 
(a) whether other remedies available in an acti on for infringement of the registered trade mark 
would be adequate to compensate the plaintiff and protect his interest; and   
(b) the need to ensure that no infringing goods, material or articles are disposed of in a 
manner that would adversely affect the plaintiff.   
(3) Notwithstanding subsection (2), where the in fringing goods are counterfeit goods, the Court shall 
order that the goods be destroyed if —  
 
(a) the plaintiff applies to the Court for such an order; and  
 
(b) the Court is of the view that there ar e no exceptional circumstances which justify the 
refusal of such an order.    
 
[20/2004]  
(4) The Court shall issue directions as to the servi ce of notice on persons having an interest in the 
goods, material or articles.    (5) Any person having an interest in th e goods, material or articles is entitled —  
 
(a) to appear in proceedings for an order under this section, whether or not that person is 
served with notice; and   (b) to appeal against any order made, whether or  not that person appears in the proceedings.  
 
(6) An order made under this section shall not take  effect until the end of the period within which 
notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, 
until the final determination or abandonmen t of the proceedings on the appeal.   
 (7) Subject to subsection (3), where there is more th an one person interested in the goods, material or 
articles, the Court may direct that the goods, material  or articles be sold, or otherwise dealt with, and 
the proceeds divided, and shall make an y other order as it thinks just.    
 
[20/2004] 
 (8) If the Court decides that no order should be  made under this section, the person in whose 
possession, custody or control the goods, material or  articles were before being delivered up, is 
entitled to their return.    
[UK Trade Marks Act 1994, s. 19; Copyright 1988 Ed., s. 120A]   
 
Remedy for groundless threats of infringement proceedings 
35.—(1) Where a person threatens another with proceedings for infringement of a registered trade 
mark other than —   
(a) the application of the mark to goods or to material used or intended to be used for 
labelling or packaging goods;  
 (b) the importation of goods to which, or to the packaging of which, the mark has been 
applied; or   IP/N/1/SGP/T/1/Rev.1 
Page 34  
 
  (c) the supply of services under the mark,  
 
any aggrieved person may bring proceedi ngs for relief under this section.   
 (2) The relief which may be applied for is any of the following:  
 
(a) a declaration that the threats are unjustifiable;   (b) an injunction against the continuance of the threats;   
(c) damages in respect of any loss he has sustained by the threats.  
 
(3) The plaintiff is entitled to the relief referred to  in subsection (2) unless the defendant shows that 
the acts in respect of which pro ceedings were threatened constitute (or if done would constitute) an 
infringement of the registered trade mark concerned.   
 
(4) If the defendant showed that the acts in respect  of which proceedings were threatened constitute 
(or if done would constitute) an infringement of the registered trade mark concerned, the plaintiff is 
nevertheless entitled to relief if he shows that the regi stration of the trade mark is invalid or liable to 
be revoked in a relevant respect.    
(5) The mere notification that a trade mark is regi stered, or that an application for registration has 
been made, does not constitute a threat of pr oceedings for the purposes of this section.   
 (6) Nothing in this section shall render an advocate a nd solicitor liable to an action under this section 
in respect of an act done by him in his professional capacity on behalf of a client.   
 
[UK Trade Marks Act 1994, s. 21]   
[28/2000] 
 
PART IV 
 
REGISTERED TRADE MARK AS OBJECT OF PROPERTY 
 
Nature of registered trade mark 36.—A registered trade mark is personal property.   
 
[UK Trade Marks Act 1994, s. 22]  
 
Co-ownership of registered trade mark 
37.—(1) Where a registered trade mark is granted to 2 or more persons jointly, each of them is 
entitled, subject to any agreement to the contrary, to  an equal undivided share in the registered trade 
mark.    (2) Subsections (3) to (8) apply where 2 or more persons are co-proprietors of a registered trade 
mark, by virtue of subsection (1) or otherwise.   
 (3) Subject to any agreement to the contrary, each co-p roprietor is entitled, by himself or his agents, to 
do for his own benefit and without the consent of or the need to account to the other or others, any act 
which would otherwise amount to an infringement of the registered trade mark.     IP/N/1/SGP/T/1/Rev.1 
 Page 35 
 
 
  (4) One co-proprietor may not, without the consent of the other or others —  
 
(a) grant a licence to use the registered trade mark; or   (b) assign or charge his share in  the registered trade mark.  
 
(5) Infringement proceedings may be brought by any co-proprietor, but he may not, without the leave 
of the Court, proceed with the action unless the other,  or each of the others, is either joined as a 
plaintiff or added as a defendant.    
(6) A co-proprietor who is added as a defendant un der subsection (5) shall not be made liable for 
any costs in the action unless he takes part in the proceedings.    (7) Nothing in subsection (5) shall affect the gran ting of interlocutory relief on the application of a 
single co-proprietor.   
 
(8) Nothing in this section affects the mutual rights and obligations of trustees or personal 
representatives, or their rights and obligations as such.    
[UK Trade Marks Act 1994, s. 23; Patents 1995 Ed., ss. 46, 73]   
 
Assignment, etc., of registered trade mark 
38.—(1) A registered trade mark is assignable and transmissible in the same way as other personal or 
movable property, and is so assignable or transmis sible either in connection with the goodwill of a 
business or independently.    
(2) An assignment or transmission of a registered trad e mark may be partial, that is, limited so as to 
apply in relation to some but not all of the goods or  services for which the trade mark is registered.   
 (3) An assignment of a registered trade mark, or an assent relating to a registered trade mark, is not 
effective unless it is in writing signed by or on behalf of the assignor or, as the case may be, a personal representative.   
 
(4) Subsection (3) may be satisfied in a case wh ere the assignor or personal representative is a body 
corporate by the affixing of its seal.    (5) Subsections (1) to (4) shall apply to assignment  by way of security as they apply to any other 
assignment.   
 (6) A registered trade mark may be the subject of a charge in the same way as other personal or movable property.    (7) Nothing in this Act shall be construed as affecting the assignment or transmission of an 
unregistered trade mark as part of the goodwill of a business.   
 
[UK Trade Marks Act 1994, s. 24]   
 
Registration of transactions affecting registered trade mark 
39.—(1) On application being made to the Registrar by —  
 
(a) a person claiming to be entitled to an interest in or under a registered trade mark by virtue 
of a registrable transaction; or   IP/N/1/SGP/T/1/Rev.1 
Page 36  
 
  (b) any other person claiming to be affected by such a transaction,  
 
the prescribed particulars of the transaction shall be entered in the register.    (2) The following are registrable transactions under subsection (1):  
 
(a) an assignment of a registered trade mark or any right in it;   (b) the grant of a licence under a registered trade mark;   
(c) the granting of any security interest (wheth er fixed or floating) over a registered trade 
mark or any right in or under it;   (d) the making by personal representatives of an as sent in relation to a registered trade mark 
or any right in or under it;  
 
(e) an order of the Court or other competent aut hority transferring a registered trade mark or 
any right in or under it.   
(3) Until an application has been made for the registration of the prescribed particulars of a 
registrable transaction referred to in subsection (2) (a),  (c), (d) or (e), the transaction is ineffective as 
against a person acquiring a conflicting interest in or  under the registered trade mark in ignorance of 
the transaction.     
[20/2004] 
 
(4) A person who becomes the proprietor of a regist ered trade mark by virtue of any registrable 
transaction referred to in subsection (2) (a), (c), (d ) or (e) is not entitled to damages, an account of 
profits or statutory damages under section 31 (5) (c) in respect of any infringement of the registered trade mark occurring after the date of the transacti on and before the date of the application for the 
registration of the prescribed particulars of the transaction.     
[20/2004] 
 
(5) For the avoidance of doubt, subsections (3) and (4) shall not apply to any registrable transaction 
relating to —   
(a) a licence under a registered trade mark; or  
 
(b) any right in or under the licence.   
 
[20/2004]  
 (6) Provision may be made by rules as to —  
 
(a) the amendment of registered particulars rela ting to a licence so as to reflect any alteration 
of the terms of the licence; and  
 
(b) the removal of such particulars from the register —  
 
(i) where it appears from the registered par ticulars that the licence was granted for a 
fixed period and that period has expired; or  
  IP/N/1/SGP/T/1/Rev.1 
 Page 37 
 
 
  (ii) where no such period is indicated and, after such period as may be prescribed, the 
Registrar has notified the parties of his intention to remove the particulars from 
the register.   
(7) Provision may also be made by rules as to th e amendment of or removal from the register of 
particulars relating to a security interest on the application of, or with the consent of, the person 
entitled to the benefit of that interest.    
[UK Trade Marks Act 1994, s. 25]   
 
Trusts and equities 
40.—(1) No notice of any trust (express, implied or c onstructive) shall be entered in the register, and 
the Registrar shall not be affected by any such notice.    (2) Subject to the provisions of this Act, equitie s in respect of a registered trade mark may be 
enforced in like manner as in respect of  other personal or movable property.   
 
[UK Trade Marks Act 1994, s. 26; Trade Marks 1992 Ed., ss. 6, 44]   
 
Application for registration of trade mark as object of property 
41.—(1) The provisions of sections 36, 37, 38 and 40 sh all apply, with the necessary modifications, in 
relation to an application for the registration of a tr ade mark as they apply in relation to a registered 
trade mark.    (2) For the purposes of subsection (1), the refe rence in section 37 (1) to the granting of a 
registration shall be construed as a reference to the making of an application for the registration of a 
trade mark.   
 (3)   Any person claiming to be —   
(a)  entitled to an interest in or under an appli cation for registration of a trade mark by virtue 
of a registrable transaction; or  
 
(b)  affected by a registrable transaction,   
may give to the Registrar notice of the pr escribed particulars of the transaction.   
 
(4)   The following are registrable transactions under subsection (3):  
 
(a)  an assignment of an application for regist ration of a trade mark or any right in it;  
 (b)  the grant of a licence under an application for registration of a trade mark;   
(c)  the granting of any security interest (whe ther fixed or floating) over an application for 
registration of a trade mark or any right in or under it;   (d)  the making by personal representatives of an assent in relation to an application for 
registration of a trade mark or any right in or under it;  
 
(e)  an order of the Court or other competent authority transferring an application for registration of a trade mark or any right in or under it.   
(5)   The Registrar shall maintain a record of  each notice given to him under subsection (3).   IP/N/1/SGP/T/1/Rev.1 
Page 38  
 
   
(6)   Until the notice referred to in subsection (3) has been given to the Registrar in respect of a 
transaction referred to in subsection (4) ( a), (c), (d) or ( e), the transaction is ineffective as against a 
person acquiring a conflicting interest in or under th e application for registration of a trade mark in 
ignorance of the transaction.   
 
(7)   For the avoidance of doubt, subsection (6) sha ll not apply to any registrable transaction relating 
to —   
(a)  a licence under an application for registration of a trade mark; or  
 
(b)  any right in or under the licence.   
(8)   Provision may be made by rules as to —   
(a)  the amendment of the record maintained by  the Registrar relating to the particulars of a 
grant of a licence under an application for regi stration of a trade mark, notice of which has 
been given to the Registrar under subsection (3), so as to reflect any alteration of the terms of 
the licence; and  (b)  the removal from the records maintained by the Registrar of the particulars of a grant of a 
licence under an application for registration of a trade mark, notice of which has been given to 
the Registrar under subsection (3) —  
 
(i)  where it appears from the particulars that the licence was granted for a fixed 
period and that period has expired; or   
(ii)  where no such period is indicated and, after such period as may be prescribed, the 
Registrar has notified the parties of his in tention to remove the particulars from the 
records.   
(9)   Provision may also be made by rules as to  the amendment of the r ecord maintained by the 
Registrar relating to, or the removal from the records maintained by the Registrar of, the particulars of 
the granting of a security interest over an app lication for registration of a trade mark on the 
application of, or with the consent of, the person entitled to the benefit of that interest.     
PART V 
LICENSING 
Licensing of registered trade mark 
42.—(1) A licence to use a registered trade mark may be general or limited.   
 (2) A limited licence may, in particular, apply in relation to some but not all of the goods or services for which the trade mark is registered.    
(3) A licence is not effective unless it is in writing signed by or on behalf of the grantor.   
 (4) Subsection (3) may be satisfied in a case where the grantor is a body corporate by the affixing 
of its seal.     IP/N/1/SGP/T/1/Rev.1 
 Page 39 
 
 
  (5) Subject to subsection (7), a licence to use a registered trade mark is binding on every successor 
in title to the grantor's interest —   
(a) except any person who, in good faith and with out any notice (actual or constructive) of the 
licence, has given valuable consideration for the interest in the registered trade mark; or  
 
(b) unless the licence provides otherwise,   
and any reference in this Act to doing anything wi th, or without, the consent of the proprietor of a 
registered trade mark shall be construed accordingly.    
 
[20/2004] 
 
(6) Every person shall be deemed to have notice of a licence if the prescribed particulars of the grant 
of the licence are entered in the register under section 39 (1).    
 
[20/2004] 
 
(7) Where an application under section 39 (1) is made before 1st July 2004 to register the prescribed particulars of the grant of a licence, th en, unless the licence provid es otherwise, the licence 
shall be binding on every successor in title  to the grantor's interest.    
 
[20/2004]  
 
(8) Where the licence so provides, a sub-licence may be granted by the licensee; and references in this 
Act to a licence or licensee include refere nces to a sub-licence or sub-licensee.   
 
[UK Trade Marks Act 1994, s. 28]   
 
Exclusive licences 
43.—(1) In this Act, an “exclusive licence” means a licence (whether general or limited) authorising 
the licensee to the exclusion of all other persons, including the person granting the licence, to use a 
registered trade mark in the manner authorised by  the licence, and the expression “exclusive licensee” 
shall be construed accordingly.    (2) Section 42 shall apply, with the necessary modifications, to an exclusive licence.   
 [UK Trade Marks Act 1994, s. 29]   
[20/2004] 
 
General provisions as to rights of licensees in case of infringement 
44.—(1) This section has effect with respect to the rights of a licensee in relation to infringement of a 
registered trade mark.   
 
(2) The provisions of this section do not apply where or  to the extent that, by virtue of section 45 (1), 
the licensee has a right to bring proceedings in his own name.    (3) A licensee is entitled, unless his licence, or a ny licence through which his interest is derived, 
provides otherwise, to call on the proprietor of th e registered trade mark to take infringement 
proceedings in respect of any matter which affects his interests.    IP/N/1/SGP/T/1/Rev.1 
Page 40  
 
  (4) If the proprietor —  
 
(a) refuses to do so; or   (b) fails to do so within 2 months after being called upon,  
 
the licensee may bring the proceedings in his own name as if he were the proprietor.    (5) Where infringement proceedings are brought by a licensee by virtue of this section, the licensee 
may not, without the leave of the Court, proceed with  the action unless the proprietor is either joined 
as a plaintiff or added as a defendant.   
 (6) Subsection (5) does not affect the granting of interlocutory relief on an application by a licensee alone.    
(7) A proprietor who is added as a defendant under subsection (5) shall not be made liable for any 
costs in the action unless he takes part in the proceedings.    (8) In infringement proceedings brought by the propr ietor of a registered tr ade mark, any loss suffered 
or likely to be suffered by licensees shall be taken into account.    
(9) The Court may give such directions as it thinks fi t as to the extent to which the plaintiff is to hold 
the proceeds of any pecuniary remedy on behalf of licensees.    (10) The provisions of this sec tion shall apply in relation to an exclusive licensee if or to the 
extent that he has, by virtue of section 45 (1), the rights and remedies of an assignee as if he were the 
proprietor of the registered trade mark.   
 
[UK Trade Marks Act 1994, s. 30]   
 
Exclusive licensee having rights and remedies of assignee 
45.—(1) An exclusive licence may provide that the licensee shall have, to such extent as may be 
provided by the licence, the same rights and remedies in respect of matters occurring after the grant of 
the licence as if the licence had been an assignment.    (2) Where or to the extent that the provision re ferred to in subsection (1) is made, the licensee is 
entitled, subject to the provisions of the licence a nd to the provisions of this section, to bring 
infringement proceedings, against any person othe r than the proprietor, in his own name.   
 (3) Any such rights and remedies of an exclusive lic ensee are concurrent with those of the proprietor 
of the registered trade mark, and references to th e proprietor of a registered trade mark in the 
provisions of this Act relating to infringe ment shall be construed accordingly.   
 
(4) In an action brought by an exclusive licensee by virtue of this section, a defendant may avail 
himself of any defence which would have been availa ble to him if the action had been brought by the 
proprietor of the registered trade mark.    (5) Where the proprietor or an exclusive licensee of a registered trade mark brings proceedings for 
any infringement of the trade mark in respect of which the proprietor and the exclusive licensee have 
concurrent rights of action, the proprietor or th e exclusive licensee, as the case may be, need not —  
 
(a) join the other as a plaintiff; or    IP/N/1/SGP/T/1/Rev.1 
 Page 41 
 
 
  (b) add the other as a defendant,  
 
unless the Court otherwise orders.   
[20/2004] 
 (6) A person who is added as a defendant as mentioned in subsection (5) shall not be made liable for 
any costs in the action unless he takes part in the proceedings.    (7) Where an action for infringement of a registered trade mark is brought which relates wholly or partly to an infringement in respect of which th e proprietor and an exclusive licensee have or had 
concurrent rights of action —  
 
(a) the Court shall, when assessing damages, ordering an account of profits or awarding 
statutory damages under section 31 (5) (c), take into account —  
 
(i) the terms of the licence; and  
 (ii) any pecuniary remedy already awarded or available to either of them in respect of the infringement; and   
(b) subject to any agreement between them, the Court may —  
 
(i) assess the damages or award the statutory damages due to each of them according to the losses suffered or likely to be suffered  by him as a result of the infringement; or  
 (ii) apportion between them the profits due to each of them according to what is 
attributable to the infringement of his rights.    
 
[20/2004] 
 
(8) Subsection (7) shall apply whether or not th e proprietor and the exclusive licensee are both 
parties to the action, and if they are not both parties,  the Court may give such directions as it thinks fit 
as to the extent to which the part y to the proceedings is to hold  the proceeds of any pecuniary 
remedy on behalf of the other.    (9) The Court, in making an order under section 33, may have regard to the terms of any exclusive 
licence.   
 
(10) The provisions of subsections (5) to (9) sh all have effect subject to any agreement to the 
contrary between the exclusive licensee and the proprietor.    
[UK Trade Marks Act 1994, s. 31]   
  
PART VI 
OFFENCES 
Counterfeiting a trade mark 
46.—(1) Any person who counterfeits a registered trad e mark shall be guilty of an offence and shall 
be liable on conviction to a fine not exceeding $ 100,000 or to imprisonment for a term not exceeding 
5 years or to both.   IP/N/1/SGP/T/1/Rev.1 
Page 42  
 
   
(2) A person who —   
(a) makes a sign identical to or so nearly resembling a registered trade mark as to be calculated to deceive; or  
 
(b) falsifies a genuine registered trade mark , whether by alteration, addition, effacement, 
partial removal or otherwise,   
without the consent of the proprietor of the regist ered trade mark shall be deemed to counterfeit a 
registered trade mark.   
 (3) In a prosecution under this section, the burden of  proving the consent of the proprietor lies on the 
accused.    [Trade Marks 1992 Ed., ss. 70, 71]   
 
Falsely applying a registered tr ade mark to goods or services 
47.—(1) Any person who falsely applies a registered trade mark to goods or services shall, unless he 
proves that he acted innocently, be guilty of an offe nce and shall be liable on conviction to a fine not 
exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.   
 
(2) For the purposes of this section and sections 49, 53 and 53A, a person falsely applies a registered 
trade mark to goods or services if —   
(a) without the consent of the proprietor of th e registered trade mark, the person applies the 
trade mark or a sign likely to be mistaken for that trade mark to the goods or services; and  
 (b) in the case of an application to goods, the goods are not the genuine goods of the proprietor or licensee of the registered trade mark.     
[20/2004] 
 
(3) For the purposes of subsection (2), a trade mark  shall be deemed to be applied to goods or 
services if it is used in —   
(a) any sign or advertisement; or  
 
(b) any invoice, wine list, catalogue, business letter, business paper, price list or other 
commercial document, including any such document in any medium,   
and the goods are delivered, or services provided, as the case may be, to a person in pursuance of a 
request or order made by reference to the trade mark as so used.    
 
[20/2004] 
 
(4) For the purposes of subsection (2) —   
(a) a sign shall be deemed to be applied to goods if —  
 
(i) it is applied to the goods themselves; or    IP/N/1/SGP/T/1/Rev.1 
 Page 43 
 
 
  (ii) it is applied to any cove ring, label, reel or thing in or with which the goods are 
sold, offered or exposed for sale or had in possession for a purpose of trade or manufacture; and   
(b) a sign shall be deemed to be applied to goods  or services if it is used in a manner that is 
likely to lead persons to believe that it refers  to, describes or designates the goods or services.  
   
[20/2004] 
 
(5) In subsection (4) —  
 
"covering" includes any stopper, glass, bottle, v essel, box, capsule, case, frame or wrapper;  
 "label" includes any band or ticket.      
[20/2004] 
 
(6) In a prosecution under this section or section 49, the burden of proving the consent of the proprietor lies on the accused.    
[Trade Marks 1992 Ed., ss. 73A, 73B]   
 
Making or possessing of article for committing offence 
48.—Any person who —  
 
(a) makes an article specifically designed or adapted for making copies of a registered trade 
mark or a sign likely to be mist aken for that trade mark; or  
 (b) has such an article in his possession, custody or control,  
 
knowing or having reason to believe that it has been, or is to be, used for, or in the course of, 
committing an offence against section 46 or 47, shall be guilty of an offence and shall be liable on 
conviction to a fine not exceeding $100,000 or to im prisonment for a term not exceeding 5 years or to 
both.    
[UK Trade Marks Act 1994, s. 92 (3)]   
 
Importing or selling, etc., goods with falsely applied trade mark 
49.—Any person who —  
 
(a) imports into Singapore for the purpose of trade or manufacture;   (b) sells or offers or exposes for sale; or  
 
(c) has in his possession for the purpose of trade or manufacture,   
any goods to which a registered trade mark is falsely applied shall, unless he proves that —  
 
(i) having taken all reasonable precautions agai nst committing an offence under this section, 
he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the mark and on demand made by or on behalf of the prosecution, he gave all 
the information in his power with respect to th e persons from whom he obtained the goods; or  
 IP/N/1/SGP/T/1/Rev.1 
Page 44  
 
  (ii) he had acted innocently,  
 
be guilty of an offence and shall be liable on c onviction to a fine not exceeding $10,000 for each 
goods or thing to which the trade mark is fal sely applied (but not exceeding in the aggregate 
$100,000) or to imprisonment for a term not exceeding 5 years or to both.   
 
[Trade Marks 1992 Ed., s. 73]   
[20/2004] 
 
Falsification of register, etc. 
50.—Any person who —  
 
(a) makes, or causes to be made, a false entry in the register;   (b) makes, or causes to be made, any thing fal se purporting to be a copy of an entry in the 
register; or  
 (c) produces or tenders or causes to be produced or tendered in evidence any thing referred to 
in paragraph (b),   
knowing or having reason to believe that the entry or thing, as the case may be, is false shall be guilty 
of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for 
a term not exceeding 5 years or to both.    
[UK Trade Marks Act 1994, s. 94; Trade Marks 1992 Ed., s. 69 (1)]   
 
Falsely representing trade mark as registered 
51.—(1) Any person who —  
 
(a) falsely represents that a mark is a registered trade mark; or   (b) makes a false representation as to the goods  or services for which a trade mark is 
registered,  
 
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.    
(2) For the purposes of this secti on, the use in the course of trade in Singapore in relation to a 
trade mark of —   
(a) the word “registered”; or   (b) any other word or symbol importing a refe rence (express or implied) to registration,  
 
shall be deemed to be a representation as to regi stration under this Act unless it is shown that the 
reference is to registration elsewhere than in Singapore and that the trad e mark is in fact so registered 
for the goods or services in question.    [UK Trade Marks Act 1994, s. 95]   
 
Representation on trade marks of Arms or Flags prohibited, etc. 
52.—(1) Any person who causes or permits to appear  on a trade mark used by him for the purposes of 
his trade any representation of the Arms or the Flag of Singapore, or of any arms or devices likely to  IP/N/1/SGP/T/1/Rev.1 
 Page 45 
 
 
  be mistaken for them, shall, unless su ch trade mark is authorised to be  used by order of the President, 
be guilty of an offence.    (2) Any person who —   
(a) imports into Singapore for the purpose of trade or manufacture;  
 (b) sells or offers or exposes for sale; or   (c) has in his possession for the purpose of trade or manufacture,  
 
any goods or things to which a trade mark beari ng any representation prohibited by subsection (1) is 
applied shall be guilty of an offence.     
[20/2004] 
 
(3) Any person guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine 
not exceeding $50,000 or to imprisonment for a term  not exceeding 5 years or to both, and shall 
forfeit to the Government any goods or things to which the trade mark bearing the prohibited 
representation is applied.    [Trade Marks 1992 Ed., s. 74]   
 
Forfeiture and destruction of goods, etc., on conviction 
53.—(1) Subject to subsection (2), where any person  has been convicted of an offence under any 
provision of this Part, the court may, where it cons iders appropriate, order the person to forfeit to the 
Government all or any —  
 
(a) goods in relation to which; or   (b) articles by means of which,   
the offence was committed.    
 
[20/2004] 
 
(2) Where any person has been convicted of an offence under section 47 or 49 in relation to a 
registered trade mark, the court shall, unless it is of  the view that there are exceptional circumstances 
for deciding otherwise, order to be forfeited to th e Government and destroyed any goods which satisfy 
all of the following conditions:   
(a) the goods are goods in relation to which —   
(i) the offence was committed; and  
 (ii) the trade mark has been falsely applied;   
(b) the goods or their packaging bear the trade ma rk or sign giving rise to the false application 
of the trade mark.    
 
[20/2004] 
 IP/N/1/SGP/T/1/Rev.1 
Page 46  
 
  (3) Any —  
 
(a) forfeiture of goods or articles under subsection (1); or   (b) forfeiture and destruction of goods under subsection (2),  
 
shall be in addition to any penalty or punishme nt that the court may impose for the offence 
committed.    
[20/2004] 
 
Enforcement measures 
53A. —(1) Any police officer may arrest without warrant any person who, in any street or public 
place —  
(a) sells or offers or exposes for sale; or  
 (b) has, or is reasonably suspected of havi ng, in his possession for the purpose of trade or 
manufacture,   
any goods to which a registered trade mark is falsely applied.    
 
[20/2004] 
 
(2) Any authorised officer may, without a warrant issued under subsection (3) —  
 
(a) stop, search and board, whether forcibly or otherwise, any conveyance in which he 
reasonably suspects there are goods to which a registered trade mark has been falsely 
applied; and   (b) seize, remove or detain any such g oods and anything which appears to him —  
 
(i) to be or to contain; or  
 (ii) to be likely to be or to contain,   
evidence of any offence under section 46, 47, 48, 49 or 52.    
 
[20/2004] 
 
(3) If information is given upon oath to a court that  there is reasonable cause for suspecting that there 
is in any premises or conveyance —   
(a) any goods which are the subject of an offence under section 46, 47, 48, 49 or 52;  
 (b) any material or article which has been used in the commission of an offence under 
section 46, 47, 48, 49 or 52; or   
(c) any document which is evidence that an offence under section 46, 47, 48, 49 or 52 has 
been committed,   
the court may issue, either unconditionally or subj ect to such conditions as the court thinks fit, a 
warrant authorising a police officer to enter a nd search the premises or conveyance for any goods,  IP/N/1/SGP/T/1/Rev.1 
 Page 47 
 
 
  material, article or document referred to in the warrant, whether specifically or in any general 
category, and to seize any such goods, material, article or document found at the premises or 
conveyance.    
[20/2004] 
 (4) If any goods, material, article or documen t has been seized under subsection (3) and —  
 
(a) in proceedings brought under section 46, 47, 48, 49 or 52, no order is made —   
(i) as to the disposal of the goods, material, article or document; or  
 
(ii) in the case of any goods or article refe rred to in section 53, under section 53 (1) or 
(2); or   
(b) no such proceedings are instituted within 6 months of the seizure,  
 
the goods, material, article or document shall be returned to the person in whose possession it was 
when it was seized or, if it is not reasonably practicable  to return it to that person, shall be disposed of 
in accordance with the law regulating the disposal of  lost or unclaimed property in the hands of police 
authorities.     
[20/2004] 
 
(5) No action or other legal proceeding shall lie ag ainst the Government or any officer or employee 
thereof for anything which is in good faith done or omitted to be done in the exercise of any power, 
duty or function under this section.   
 
[20/2004] 
 
(6) In this section —   
"authorised officer" means —    
 
(a) a police officer;   (b) an officer of customs as defined in the Customs Act (Cap. 70);   
(c) an immigration officer as defined in the Immigration Act (Cap. 133); or  
 (d) any officer or class or description of officers appointed by the Minister by 
notification in the Gazette to exercise th e powers and perform the duties conferred 
and imposed on an authorised officer by this section;   
"conveyance" includes any vehicle, vessel, train or aircraft in which persons or goods can be 
carried;   "document" means anything in which inform ation of any description is recorded;  
 
"premises" includes any land, building or structure.    
 
[20/2004] 
 IP/N/1/SGP/T/1/Rev.1 
Page 48  
 
  PART VII 
 
INTERNATIONAL MATTERS 
 
The Madrid Protocol, etc. 
 
Power to make provision giving effect to Madrid Protocol, etc. 
54.—(1) The Minister may make rules to give effect in Singapore to the provisions of the Madrid 
Protocol or of any treaty, convention, arrangement  or engagement relating to trade marks to which 
Singapore is a party.   
 
(2) Rules may, in particular, be made to provide for —   
(a) the making of applications for international registrations by way of the Registry as office 
of origin;  
 
(b) the procedures to be followed where the basic Singapore application or  registration fails or 
ceases to be in force;   (c) the procedures to be followed where the Regi stry receives from the International Bureau 
or any body specified in the rules a request  for extension of protection to Singapore;  
 
(d) the effects of a successful request for extension of protection to Singapore;   (e) the transformation of an application for an international registration, or an international 
registration, into a national application for registration;  
 
(f) the communication of information to  the International Bureau; and  
 (g) the payment of fees and amounts prescribed in  respect of applications for international 
registrations, extensions of  protection and renewals.  
 
(3) Provision may also be made in the rules to a pply in relation to an international trade mark 
(Singapore) the provisions of section 35 and Parts VI and X.    (4) For the purposes of this section —   
"International Bureau" has the meaning given by  Article 2 (1) of the Madrid Protocol;  
 "international trade mark (Singapore)" means a trade mark which is entitled to protection in 
Singapore under the Madrid Protocol or a trade mark prescribed by the Minister as an international trade mark (Singapore);  
 
"Madrid Protocol" means the Protocol relating to the Madrid Agreement concerning the International Registration of Marks, adopted at Madrid on 27th June 1989, as revised or 
amended from time to time.   
[UK Trade Marks Act 1994, s. 54]   
  IP/N/1/SGP/T/1/Rev.1 
 Page 49 
 
 
  The Paris Convention, the TRIPS Agreement and  
well known trade marks: supplementary provisions  
 
Protection of well known trade marks 
55.—(1) A well known trade mark shall be en titled to protection under this section —  
 
(a) whether or not the trade mark has been regi stered in Singapore, or an application for the 
registration of the trade mark has been made to the Registrar; and   (b) whether or not the proprietor of the trade mark carries on business, or has any goodwill, in 
Singapore.   
 
[20/2004] 
 
(2) Subject to subsections (6) and (7), the proprie tor of a well known trade mark shall be entitled to 
restrain by injunction the use in Singapore, in the course of trade and without the proprietor’s consent, 
of any trade mark which, or an essential part of  which, is identical with or similar to the 
proprietor's trade mark, in relation to identical or similar goods or services, where the use is likely to 
cause confusion.     
[20/2004] 
 
(3) Subject to subsections (6) and (7), the proprie tor of a well known trade mark shall be entitled to 
restrain by injunction the use in Singapore, in the c ourse of trade and without the proprietor’s consent, 
of any trade mark which, or an essential part of whic h, is identical with or similar to the proprietor’s 
trade mark, in relation to any goods or ser vices, where the use of the trade mark —  
 
(a) would indicate a connection between those good s or services and the proprietor, and is 
likely to damage the interests of the proprietor; or   (b) if the proprietors trade mark is well known to the public at large in Singapore —   
(i) would cause dilution in an unfair manne r of the distinctive character of the 
proprietor's trade mark; or   (ii) would take unfair advantage of the dis tinctive character of the proprietor's trade 
mark.    
 
[20/2004] 
 
(4) Subject to subsections (6) and (7), the proprie tor of a well known trade mark shall be entitled to 
restrain by injunction the use in Singapore without  the proprietor's consent of any business identifier 
which, or an essential part of which, is identical w ith or similar to the proprietor's trade mark, where 
the use of the business identifier —  
 
(a) would indicate a connection between the busin ess in respect of which it is used and the 
proprietor, and is likely to damage the interests of the proprietor; or   
(b) if the proprietor's trade mark is well known to the public at large in Singapore —  
 
(i) would cause dilution in an unfair manne r of the distinctive character of the 
proprietor's trade mark; or  IP/N/1/SGP/T/1/Rev.1 
Page 50  
 
   
(ii) would take unfair advantage of the dis tinctive character of the proprietor's trade 
mark.     
[20/2004] 
 
(5) If the Court grants an injunction under subsec tion (4) restraining the use by any business of any 
business identifier, the Court may make such other or der as the Court deems fit in respect of any entry 
in any record maintained by any person, body or authority which associates that business with that 
business identifier.    
 
[20/2004] 
 
(6) The proprietor shall not be entitled to the right refe rred to in subsection (2), (3) or (4) if the use of 
the trade mark or business identifier, as the case may be, began before the proprietor’s trade mark 
became well known in Singapore, unless the trade ma rk or business identifier has been used in bad 
faith.     
[20/2004] 
 
(7) The proprietor shall cease to be entitled to the righ t referred to in subsection (2), (3) or (4) if the 
proprietor has acquiesced for a continuous period of 5 years in the use of the trade mark or business 
identifier, as the case may be, in Singapore, being aw are of that use, unless the trade mark or business 
identifier has been used in bad faith.     
[20/2004] 
 
(8) In deciding whether the trade mark or busin ess identifier, as the case may be, has been used in 
bad faith, it shall be relevant to consider whethe r the person who used the trade mark or business 
identifier had, at the time he began to use the trade mark or business identifier, knowledge of, or 
reason to know of, the proprietor's trade mark.     
[20/2004] 
 
(9) Nothing in subsection (2) shall affect the contin uation of any use referred to therein in good faith 
of a trade mark that was begun before 15th January 1999.     
[20/2004] 
 
(10) Nothing in subsection (3) or (4) shall affect the continuation of any use referred to therein in 
good faith of a trade mark or business identif ier, as the case may be, that was begun before 
1
st July 2004.    
 
[20/2004] 
 
(11) For the purposes of this section and sections 55A, 56, 57 and 59, “use”, in relation to a trade 
mark, means use within the meaning of section 27 (4).    
[20/2004] 
  IP/N/1/SGP/T/1/Rev.1 
 Page 51 
 
 
  Permitted use of well known trade marks 
55A. —(1) Notwithstanding section 55, the proprietor of  a well known trade mark shall not be entitled 
to restrain by injunction the use in Singapore, in  accordance with honest practices in industrial or 
commercial matters, by any person of —   
(a) the name of —  
 
(i) the person himself;   (ii) the person’s place of business;  
 
(iii) the person’s predecessor in business; or   (iv) the place of business of the person’s predecessor in business;   
(b) any sign to indicate —  
 
(i) the kind, quality, quantity, intended purpose, value, geographical origin or other characteristic of goods  or services; or   (ii) the time of production of goods or of the rendering of services; or  
 
(c) the trade mark to indicate the intended pur pose of goods (in particular as accessories or 
spare parts) or services.    
[20/2004] 
 (2) Notwithstanding section 55, the proprietor of a well known trade mark shall not be entitled to 
restrain by injunction the use in Singapore of any re gistered trade mark in relation to goods or services 
for which the latter is registered.   
[20/2004] 
 
(3) Notwithstanding section 55, the proprietor of a well known trade mark shall not be entitled to 
restrain by injunction the use in Singapo re of the trade mark if such use —  
 
(a) constitutes fair use in comparative commercial advertising or promotion;  
 (b) is for a non-commercial purpose; or  
 
(c) is for the purpose of news reporting or news commentary.     
[20/2004] 
 
National emblems, etc., of Convention count ries: Article 6ter of Paris Convention, etc. 
56.—(1) A trade mark which consists of or contains  the flag of a Convention country shall not be 
registered without the authorisation of the compet ent authorities of that country, unless it appears to 
the Registrar that use of the flag in the manner pr oposed is permitted without such authorisation.   
 (2) A trade mark which consists of or contains the armorial bearings or any other state emblem of a 
Convention country which is protected under the Pa ris Convention or the TRIPS Agreement shall not 
be registered without the authorisation of the competent authorities of that country.    (3) A trade mark which consists of or contains an  official sign or hallmark adopted by a Convention 
country and indicating control and warranty shall not, where the sign or hallmark is protected under IP/N/1/SGP/T/1/Rev.1 
Page 52  
 
  the Paris Convention or the TRIPS Agreement, be re gistered in relation to goods or services of the 
same, or a similar kind, as those in relation to wh ich it indicates control and warranty, without the 
authorisation of the competent authorities of the country concerned.    (4) The provisions of this section as to national flag s and other state emblems, and official signs or 
hallmarks, apply equally to anything which from a hera ldic point of view imitates any such flag or 
other emblem, or sign or hallmark.    (5) Nothing in this section prevents the registration of a trade mark on the application of a national of 
a country who is authorised to make use of a state emblem, or official sign or hallmark, of that 
country, notwithstanding that it is sim ilar to that of another country.   
 (6) Where by virtue of this section the authorisa tion of the competent aut horities of a Convention 
country is or would be required for the registration of a trade mark, those authorities are entitled to 
restrain by injunction any use in the course of trade of the trade mark in Singapore without their 
authorisation.   
 
[UK Trade Marks Act 1994, s. 57]   
 
Emblems, etc., of certain international organisations: Article 6ter of Paris Convention, etc. 
57.—(1) This section shall apply to —  
 
(a) the armorial bearings, flags or other emblems; and  
 
(b) the abbreviations and names,  
 
of international intergovernmental  organisations of which one or  more Convention countries are 
members.    (2) A trade mark which consists of or contains any such emblem, abbreviation or name which is 
protected under the Paris Convention or the TRIPS Agreement shall not be registered without the authorisation of the international organisation concer ned, unless it appears to the Registrar that the use 
of the emblem, abbreviation or name in the manner proposed —  
 
(a) is not such as to suggest to the public th at a connection exists between the organisation 
and the trade mark; or   
(b) is not likely to mislead the public as to the existence of a connection between the user and 
the organisation.   
(3) The provisions of this section as to emblems of  an international organisation apply equally to 
anything which from a heraldic point of  view imitates any such emblem.   
 
(4) Where by virtue of this section the authorisatio n of an international organisation is or would be 
required for the registration of a trade mark, that or ganisation is entitled to restrain by injunction any 
use in the course of trade of the trade mark in Singapore without its authorisation.    (5) Nothing in this section shall affect the rights of  a person whose bona fide use of the trade mark in 
question began before 23rd Februa ry 1995 (when the relevant provi sions of the Paris Convention 
entered into force in relation to Singapore).    
[UK Trade Marks Act 1994, s. 58]   
  IP/N/1/SGP/T/1/Rev.1 
 Page 53 
 
 
  Notification under Article 6ter of Paris Convention, etc. 
58.—(1) For the purposes of section 56, state emblems of a Convention country (other than the 
national flag), and official signs or hallmarks , shall be regarded as protected under the Paris 
Convention or the TRIPS Agreement only if, or to the extent that —   
(a) the country in question has notified Singapor e in accordance with Article 6ter (3) of the 
Paris Convention, or under that Article as app lied by the TRIPS Agreement, that it desires to 
protect that emblem, sign or hallmark;   (b) the notification remains in force; and  
 
(c) Singapore has not objected to it in accord ance with Article 6ter (4) of the Paris 
Convention, or under that Article as applied by  the TRIPS Agreement, or any such objection 
has been withdrawn.   
(2) For the purposes of section 57, the emblems, abbreviations and names of an international 
organisation shall be regarded as protected under the Paris Convention or the TRIPS Agreement only 
if, or to the extent that —   
(a) the organisation in question has notified Si ngapore in accordance with Article 6ter (3) of 
the Paris Convention, or under that Article as applied by the TRIPS Agreement, that it desires 
to protect that emblem, abbreviation or name;  
 (b) the notification remains in force; and   (c) Singapore has not objected to it in accord ance with Article 6ter (4) of the Paris 
Convention, or under that Article as applied by  the TRIPS Agreement, or any such objection 
has been withdrawn.   
(3) Notification under Article 6ter (3) of the Paris Convention, or under that Article as applied by the 
TRIPS Agreement, shall have effect only in relation to applications for registration made more than 2 
months after the receipt of the notification.   
 
(4) The Registrar shall keep and make available for public inspection by any person, at all reasonable 
hours and free of charge, a list of —   
(a) the state emblems and official signs or hallmarks; and  
 
(b) the emblems, abbreviations and na mes of international organisations,  
 
which are for the time being protected under the Pa ris Convention or the TRIPS Agreement by virtue 
of a notification under Article 6ter (3) of that C onvention or under that Article as applied by the 
TRIPS Agreement.    
 
[UK Trade Marks Act 1994, s. 59] 
 
Acts of agent or representative: Article 6septies of the Paris Convention, etc. 
59.—(1) Subsections (2) to (6) shall apply where an application for registration of a trade mark is 
made by a person who is an agent or representative of  a person who is the proprietor of the trade mark 
in a Convention country.    (2) If the proprietor opposes the application, registration shall be refused.    IP/N/1/SGP/T/1/Rev.1 
Page 54  
 
  (3) If the application (not being so opposed) is granted, the proprietor may —  
 
(a) apply for a declaration of the invalidity of the registration; or   (b) apply for the rectification of the register so as to substitute his name as the proprietor of 
the registered trade mark.  
 
(4) The proprietor may (notwithstanding the rights conferred by this Act in relation to a registered trade mark) by injunction restrain any use in the cour se of trade of the trade mark in Singapore which 
is not authorised by him.   
 
(5) Subsections (2), (3) and (4) sh all not apply if, or to the extent that, the agent or representative 
justifies his action.    (6) An application under subsection (3) (a) or (b) must be made within 3 years of the proprietor 
becoming aware of the registration.   
 (7) No injunction shall be granted under subsection (4 ) in respect of a use in which the proprietor has 
acquiesced for a continuous period of 3 years or more.    
[UK Trade Marks Act 1994, s. 60]   
 
 
PART VIII 
 
COLLECTIVE MARKS AND CERTIFICATION MARKS  
 
Collective marks 
60.—(1) A collective mark is a sign used, or intended to be used, in relation to goods or services dealt 
with or provided in the course of trade by member s of an association to distinguish those goods or 
services from goods or services so dealt with or provided by persons who are not members of the association.   
 
(2) The provisions of this Act shall apply to coll ective marks subject to the provisions of the First 
Schedule.    
[UK Trade Marks Act 1994, s. 49; Aust. Trade Marks Act 1995, s. 162]   
 
Certification marks 
61.—(1) A certification mark is a sign used, or in tended to be used, to distinguish goods or 
services —   
(a) dealt with or provided in the course of trade; and  
 
(b) certified by the proprietor of the certification mark in relation to origin, material, mode of 
manufacture of goods or performance of services,  quality, accuracy or other characteristics,  
 
from other goods or services dealt with or provided in the course of trade but not so certified.   
  IP/N/1/SGP/T/1/Rev.1 
 Page 55 
 
 
  (2) The provision of this Act shall apply to certification marks subject to the provisions of the Second 
Schedule.    
[UK Trade Marks Act 1994, s. 50; Aust. Trade Marks Act 1995, s. 169]   
  
PART IX 
 
ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS 
 
The Registrar 
 
Registrar of Trade Marks and other officers 
62.—(1) There shall be a Registrar of Trade Marks who shall have the control of the Registry of 
Trade Marks.   
 
(2) There shall be one or more Deputy Registrars of  Trade Marks who shall, subject to the control of 
the Registrar, have all the powers and functions of the Registrar under this Act, other than the powers 
of the Registrar under section 63.    (3) There shall be one or more Assistant Registrars of Trade Marks.   
 
(4) The Registrar and all the other officers under this  section shall be appointed by the Minister.   
 
Delegation by Registrar 
63.—(1) The Registrar may, in relation to a particular matter or class of matters, by writing under his 
hand, delegate all or any of his pow ers or functions under this Act (ex cept this power of delegation) to 
an Assistant Registrar of Trade Marks or any public officer so that the dele gated powers and functions 
may be exercised by the delegate with respect to the matter or class of matters specified in the 
instrument of delegation.    (2) A delegation under this section is revocable at will and no delegation shall prevent the exercise of 
a power or function by the Registrar or by a Deputy Registrar of Trade Marks.   
 
Registry of Trade Marks 
64.—For the purposes of this Act, there shall be established an office which shall be known as the 
Registry of Trade Marks.  
 
Seal of Registry 
65.—There shall be a seal of the Registry and impress ions of the seal shall be judicially noticed.  
  
The Register  
The register 
66.—(1) The Registrar shall maintain a register of trade marks.   
 (2) There shall be entered in the regi ster in accordance with this Act —  
 
(a) registered trade marks;  
 IP/N/1/SGP/T/1/Rev.1 
Page 56  
 
  (b) such particulars as may be prescribed of registrable transactions affecting a registered 
trade mark; and   (c) such other matters relating to registered trade marks as may be prescribed.   
(3) The register may be kept in whole or in part using a computer.   
 (4) Any record of a particular or other matter ma de by using a computer for the purpose of keeping 
the register is taken to be an entry in the register.    [UK Trade Marks Act 1994, s. 63; Aust. Trade Marks Act 1995, s. 208]   
 
Rectification or correction of register 
67.—(1) Any person having a sufficient interest may appl y for the rectification of an error or omission 
in the register.   
 
(2) An application for rectification may not be made in respect of a matter affecting the validity of the 
registration of a trade mark.    (3) An application for rectification may be made either to the Registrar or to the Court, except that —  
 
(a) if proceedings concerning the trade mark in question are pending in the Court, the 
application must be made to the Court; and   (b) if in any other case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the Court.  
 
(4) Except where the Registrar or the Court directs othe rwise, the effect of rectification of the register 
is that the error or omission in question sh all be deemed never to have been made.   
 (5) The Registrar may, on request made in the pres cribed manner by the proprietor of a registered 
trade mark, or a licensee, enter any change in his name or address as recorded in the register.   
 
(6) The Registrar may remove from the register matter appearing to him to have ceased to have effect.  
 
[UK Trade Marks Act 1994, s. 64]   
 
Inspection of and extract from register 
68.—(1) The register shall be available at the Registry for inspection by any person during the hours 
when the Registry is open for business.    (2) If the register, or any part of the register, is ke pt by using a computer, subsection (1) is satisfied if 
a person who wants to inspect the register or that part of the register is given access to a computer 
terminal from which he can read on a screen, or obt ain a printed copy of, the particulars or other 
matters recorded in the register or that part of the register.    (3) Any person who applies for a certified copy of an  entry in the register or a certified extract from 
the register shall be entitled to obtain such a copy or extract on payment of the prescribed fee; and any 
person who applies for an uncertified copy or extract  shall be entitled to such a copy or extract on 
payment of the prescribed fee.     IP/N/1/SGP/T/1/Rev.1 
 Page 57 
 
 
  (4) In relation to any portion of the register kept otherwise than in documentary form, the right to a 
copy or extract conferred by subsection (3) is a right to a copy or extract in a form in which it can be 
taken away.    (5) In this section, “certified copy” and “certified extract” mean a copy and extract certified by the 
Registrar and sealed with the seal of the Registrar.   
 
[Aust. Trade Marks Act 1995, s. 209]   
 
 
Powers and duties of Registrar  
 
Costs awarded by Registrar 
69.—(1) The Registrar may award costs in respect of  the matters, and in the amounts provided for in 
rules made under this Act, against any part y to proceedings brought before him.   
 (2) The rules may provide for the taxa tion of the costs, or any part of the costs, by the Registrar.   
 
(3) A party desirous to obtain costs or to have the costs taxed must apply to the Registrar in 
accordance with the rules.    (4) If a party is ordered to pay the costs of anothe r party, the costs may be recovered in a court of 
competent jurisdiction as a debt due by the first party to the other party.    [Aust. Trade Marks Act 1995, s. 221]   
 
Security for costs 
70.—If a person who neither resides nor carries on business in Singapore —  
 
(a) gives notice of opposition under section 13; or  
 (b) applies to the Registrar under section 22 or 23 for the registration of a trade mark to be revoked or to be declared invalid, as the case may be,   
the Registrar may require the person to give security  for the costs for the proceedings and may, if 
security is not given, dismiss the proceedings.    
[Aust. Trade Marks Act 1995, s. 222]   
 Evidence before Registrar 
71.—The Registrar may, for the purposes of any proceedings before him under this Act —  
 
(a) summon witnesses;   (b) receive evidence on oath, whether orally or otherwise; and  
 
(c) require the production of documents or articles.   
[Patents 1995 Ed., s. 8]   
 IP/N/1/SGP/T/1/Rev.1 
Page 58  
 
  Disobedience to summons an offence 
72.—(1) A person who has been summoned to appear as a witness before the Registrar shall not, 
without lawful excuse, fail to appear  in obedience to the summons.   
 (2) A person who has been required by the Regist rar to produce a document or article shall not, 
without lawful excuse, fail to produce the document or article.   
 (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable 
on conviction to a fine not exceeding $2,000 or to im prisonment for a term not exceeding 3 months or 
to both.   
 
[Patents 1995 Ed., s. 9]   
 Refusal to give evidence an offence 
73.—(1) A person who appears before the Registrar sh all not, without lawful excuse, refuse to be 
sworn or to make an affirmation, or to produce do cuments or articles, or to answer questions, which 
he is lawfully required to produce or answer.    (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on 
conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.   
 
[Patents 1995 Ed., s. 10]   
 
Exclusion of liability in respect of official acts 
74.—(1) The Office and the Registrar shall not be take n to warrant the validity of the registration of a 
trade mark under this Act or under any treaty, co nvention, arrangement or engagement to which 
Singapore is a party.     
[3/2001] 
 
(2) Neither the Office nor the Registrar is subject to any liability by reason of, or in connection 
with, any examination required or authorised by this  Act, or any such treaty, convention, arrangement 
or engagement, or any report or other proceedings consequent on such examination.    
 
[3/2001] 
 
(3) No proceedings shall lie against an officer of the Office or the Registrar in respect of any matter 
for which, by virtue of this section, the Office or the Registrar is not liable.    
[UK Trade Marks Act 1994, s. 70]   
[3/2001] 
 
Appeals from Registrar 
75.—(1) Except as provided under subsection (2) or by  rules made under this Act, there shall be no 
appeal from a decision of the Registrar for any matter under this Act or the rules made thereunder.    (2) The following shall be subject  to appeal to the Court:  
 
(a) decision of the Registrar as to th e registrability of a trade mark;  
 (b) decision of the Registrar not to allow any a lteration of a registered trade mark as described 
in section 20;   IP/N/1/SGP/T/1/Rev.1 
 Page 59 
 
 
   
(c) decision of the Registrar relating to an application for revocation under section 22;  
 (d) decision of the Registrar relating to an application for a declaration of invalidity under section 23;  
 
(e) decision of the Registrar under section 67.    
Forms, fees, hours of business and publication 
 Forms and directions of Registrar 
76.—The Minister may make rules for the publication by the Registrar of —  
 
(a) the forms to be used for any purpose relati ng to the registration of a trade mark or any 
other proceedings before the Re gistrar under this Act; and  
 (b) the practice directions issued by the Registrar.    
 
[20/2004] 
 
Fees 
77.—(1) There shall be paid in respect of applica tions and registration and other matters under this 
Act such fees as may be prescribed.   
 
(2) The Minister may make rules as to the remiss ion of fees in the prescribed circumstances.   
 (3) All fees collected shall be paid into the funds of the Office.     
[3/2001] 
 
(4) Subsection (3) shall not apply to fees prescribed  in rules made under section 54 (2) (g) which are 
to be forwarded to the International Bureau.    [UK Trade Marks Act 1994, s. 79]   
[3/2001] 
 
Hours of business and excluded days 
78.—(1) The Registrar may issue practice directions to specify —  
 
(a) the hours of business of the Registry; and  
 (b) the days which are to be treated as excluded days.     
[20/2004] 
 
(2) The Minister may prescribe the effect of doing any business under this Act —   
(a) on any day after the hours of business of the Registry; or   (b) on any day which is an excluded day.   
 IP/N/1/SGP/T/1/Rev.1 
Page 60  
 
  [20/2004] 
 
(3) For the purposes of subsections (1) and (2) —   
(a) different hours of business may be speci fied for different classes of business;  
 
(b) different excluded days may be specified for different classes of business; and   (c) different effects of doing business —   
(i) outside the hours of business of the Registry; or  
 (ii) on an excluded day,   
may be prescribed for different classes of business.    
 
[20/2004]  
 Publication of trade mark applications, etc. 
79.—The Minister may make rules for the publicati on by the Registrar of the particulars of any 
application for the registration of a trade mark (i ncluding a representation of the mark) and such other 
information relating to trade marks as the Registrar thinks fit.   
 
[UK Trade Marks Act 1994, s. 81]   
 
 
Trade mark agents 
 
Recognition of agents 
80.—Except as otherwise provided by rules, any act requi red or authorised by this Act to be done by 
or to a person in connection with the registration of a trade mark, or any procedure relating to a registered trade mark, may be done by or to an agent authorised by that person orally or in writing.    
[UK Trade Marks Act 1994, s. 82]   
 
 
PART X 
 
ASSISTANCE BY BORDER AUTHORITIES 
 
Border enforcement measures 
 
Interpretation of this Part 81.—In this Part, unless the context otherwise requires —  
 
"aircraft" has the same meaning as in section 2 of the Regulation of Im ports and Exports Act 
(Cap. 272A);   
"authorised officer" means —    
 
(a) an officer of customs as defined in section 3 of the Customs Act (Cap. 70); or   IP/N/1/SGP/T/1/Rev.1 
 Page 61 
 
 
   
(b) any officer or class or description of officers appointed by the Minister by 
notification in the Gazette to exercise th e powers and perform the duties conferred 
and imposed on an authorised officer by this Part;   
"conveyance" has the same meaning as in section 2 of the Regulation of Imports and Exports 
Act (Cap. 272A);  
 
"Director-General" means the Director-General of Customs appointed under section 4 (1) of 
the Customs Act;  
 
"goods in transit" means goods imported, wh ether or not landed or transhipped within 
Singapore, which are to be carried to anot her country either by the same or another 
conveyance;   
"infringement action" means an action for an in fringement of the relevant registered trade 
mark constituted by the importation of seized goods;   "master" has the same meaning as in section 2 of  the Regulation of Imports and Exports Act;  
 "objector" , in relation to particular seized goods, means the person who gave the notice under 
section 82 as a result of the giving of which the goods were seized;  
 "pilot of an aircraft" has the same meaning as in section 2 of the Regulation of Imports and 
Exports Act;   
"proprietor" , in relation to a registered trad e mark, includes a licensee of the trade mark;  
 "retention period" , in relation to seized goods, means —     
(a) the period specified in a notice given under section 85 in respect of the goods; or  
 
(b) if that period has been extended under section 85, that period as so extended;  
 
"seized goods" means goods seized under section 82;   "senior authorised officer" means —    
 
(a) a senior officer of customs as defined in section 3 of the Customs Act; and   (b) any officer or class or description of officers appointed by the Minister by 
notification in the Gazette to exercise th e powers and perform the duties conferred 
and imposed on a senior authorised officer by this Part;  
 
"vehicle" has the same meaning as in section 2 of  the Regulation of Imports and Exports Act 
(Cap. 272A);   "vessel" has the same meaning as in section 2 of the Regulation of Imports and Exports Act.  
 
[Copyright 1988 Ed., s. 140A]  
[4/2003; 20/2004] 
 IP/N/1/SGP/T/1/Rev.1 
Page 62  
 
  Restriction of importation of infringing goods 
82.—(1) A person who is the proprietor or a licensee of a registered trade mark may give the Director-
General a written notice —   
(a) stating that he is —  
 
(i) the proprietor of the registered trade mark; or   (ii) a licensee thereof having the power to give such a notice;  
 
(b) stating that goods which, in relation to the registered trade mark, are infringing goods are 
expected to be imported;   (c) providing sufficient information —   
(i) to identify the goods;  
 (ii) to enable the Director-General to ascertain when and where the goods are 
expected to be imported; and   (iii) to satisfy the Director-General th at the goods are infringing goods; and  
 
(d) stating that he objects to such importation.    
[20/2004] 
 (2) A notice given under subsection (1) shall be su pported by such documents and information, and 
accompanied by such fee, as may be prescribed by rules made under this Act.    (3) A notice under subsection (1) shall remain in force until the end of the period of 60 days commencing on the day on which the notice was given,  unless it is revoked, before the end of that 
period, by notice in writing given to the Director-General —  
 
(a) if the person giving the first-mentioned notice is a licensee of the registered trade mark and he has power to revoke the notice, by the licensee;   (b) in any other case, by the person who is then  the proprietor of the registered trade mark.  
 
(4) If —   
(a) a notice has been given under this section in respect of a registered trade mark;  
 (b) the notice has not lapsed or been revoked; and  
 
(c) a person imports goods, not being goods in transit, which bear a sign that, or whose 
packaging bears a sign that, in the opinion of an au thorised officer, is identical with or similar 
to the registered trade mark in question,   
an authorised officer may seize the goods.   
 (5) The Minister may make rules to provide for —  
 
(a) the forms of notices under this section;   IP/N/1/SGP/T/1/Rev.1 
 Page 63 
 
 
   
(b) the times at which, and the manner in  which, notices are to be given; and  
 (c) the giving of information and evidence to the Director-General.   
[Copyright 1988 Ed., s. 140B]   
 
Security for liability or expense of seizure 
83.—An authorised officer may refuse to seize goods under section 82 unless —  
 
(a) the objector has deposited with the Director-G eneral a sum of money that, in the opinion 
of the Director-General, is sufficient to —   
(i) reimburse the Government for any liabilit y or expense it is likely to incur as a 
result of the seizure of the goods; and  
 
(ii) pay such compensation as may be ordered by the Court under section 89 (2) or 90 (6); or   
(b) the objector has given security, to the sa tisfaction of the Director-General, for the 
reimbursement of the Government for any such liability or expense and the payment of such 
compensation.  
 
[Copyright 1988 Ed., s. 140C]   
 
Secure storage of seized goods 
84.—Seized goods shall be taken to such secure place as the Director-General directs.   
 
[Copyright 1988 Ed., s. 140D]   
 
Notice of seizure 
85.—(1) As soon as is practicable after goods are sei zed under section 82, the Director-General shall 
give to the importer and the objector, either pers onally or by post, a written notice identifying the 
goods and stating that they have been seized.    (2) A notice under subsection (1) shall state that the goods will be released to the importer unless —  
 
(a) an infringement action in respect of the goo ds is instituted by the objector within a 
specified period from the day specified in the notice; and   (b) the objector gives written no tice to the Director-General with in that period stating that the 
infringement action has been instituted.   
(3) The period to be specified for the purpose of  paragraph (a) of subsection (2) is the period 
prescribed for the purposes of that paragraph.    (4) The day specified for the purposes of subsection (2) (a) shall not be earlier than the day on 
which the notice is given.   
 
(5) The objector may, by written notice given to th e Director-General before the end of the period 
specified in a notice for the purposes of subsection (2) (a) (the initia l period), request that the period 
be extended.    IP/N/1/SGP/T/1/Rev.1 
Page 64  
 
  (6) Subject to subsection (7), if —  
 
(a) a request is made in accordance with subsection (5); and   (b) the Director-General is satisfied that it is reasonable that the request be granted,  
 
the Director-General may extend the initial period by such period as is prescribed.   
 (7) A decision on a request made in accordance with  subsection (5) must be made within 2 working 
days after the request is made, but such a decision cannot be made after the end of the initial period to 
which the request relates.   
 
[Copyright 1988 Ed., s. 140E]   
 
Inspection, release, etc., of seized goods 
86.—(1) The Director-General may permit the objector  or the importer to inspect the seized goods.   
 (2) If the objector gives the requisite undertakings, the Director-General may permit the objector to 
remove a sample of the seized goods from the custod y of the Director-General for inspection by the 
objector.    
(3) If the importer gives the Director-General the requisite undertakings, the Director-General may 
permit the importer to remove a sample of the seized  goods from the custody of the Director-General 
for inspection by the importer.    (4) The requisite undertakings are undertakings in  writing that the person giving the undertaking 
will —  
 
(a) return the sample to the Director-General at  a specified time that is satisfactory to the 
Director-General; and   (b) take reasonable care to prevent damage to the sample.  
 
(5) If the Director-General permits inspection of th e seized goods, or the removal of a sample, by the 
objector in accordance with this section, the Director -General is not liable to the importer for any loss 
or damage suffered by the importer arising out of —   
(a) damage to any of the seized goods incurred during that inspection; or  
 (b) anything done by the objector or any other person to, or in relation to, a sample removed from the custody of the Director-General or any use made by the objector of such a sample.  
 
[Copyright 1988 Ed., s. 140F]   
 
Forfeiture of seized goods by consent 
87.—(1) Subject to subsection (2), the importer ma y, by written notice to the Director-General, 
consent to the seized goods being forfeited to the Government.    
(2) The notice shall be given before any infring ement action in relation to the seized goods is 
instituted.    (3) If the importer gives such a notice, the seized goo ds are forfeited to the Government and shall be 
disposed of —   IP/N/1/SGP/T/1/Rev.1 
 Page 65 
 
 
   
(a) in the manner prescribed by rules made under this Act; or   (b) if no manner of disposal is so prescribed, as the Director-General directs.   
[Copyright 1988 Ed., s. 140G]   
 
Compulsory release of seized goods to importer 
88.—(1) The Director-General sh all release seized goods (not being goods forfeited to the 
Government under section 87) to the importer on the e xpiration of the retention period for the goods if 
the objector has not, before the expiration of that period —  
 
(a) instituted an infringement acti on in relation to the goods; and  
 
(b) given written notice to the Director-General stating that the action has been instituted.  
 
(2) If —   
(a) an infringement action has been institu ted in relation to the seized goods; and  
 (b) at the end of a period of 3 weeks commencing on the day on which the action was 
instituted, there is not in force an order of  the Court in which the action was instituted 
preventing the release of the goods,   
the Director-General shall release the goods to the importer.    
(3) If the objector gives written notice to the Director-G eneral stating that he consents to the release of 
the seized goods, the Director-General sha ll release the goods to the importer.   
 (4) This section has effect subject to section 91.    
[Copyright 1988 Ed., s. 140H]   
 
Compensation for failure to take action 
89.—(1) Where goods have been seized pursuant to a notice given under section 82 and the objector 
concerned fails to take infringement action w ithin the retention period for the goods, a person 
aggrieved by such seizure may apply to the Court fo r an order of compensation against the objector.   
 
(2) Where the Court is satisfied that the appli cant had suffered loss or damage as a result of the 
seizure of the goods, the Court may order the objector to pay compensation in such amount as the Court thinks fit to the applicant.    
Actions for infringement of registered trade mark 
90.—(1) The Court in which an infringement action is  pending may, on the application of a person 
having a sufficient interest in the subject-matter of  the action, allow the person to be joined as a 
defendant to the action.    (2) An authorised officer is entitled to be hear d on the hearing of an infringement action.   
 
(3) In addition to any relief that may be gran ted apart from this section, the Court may —  
 
(a) at any time, order that the seized goods be released to the importer subject to such 
conditions, if any, as the Court thinks fit;  IP/N/1/SGP/T/1/Rev.1 
Page 66  
 
   
(b) order that the seized goods not be released to the importer before the end of a specified 
period; or   (c) order that the seized goods be forfeited to the Government.  
 
(4) A Court may not make an order under subsection (3 ) (a) if it is satisfied that the Government or 
any statutory authority is required or permitted unde r any other law to retain control of the seized 
goods.    
(5) The Director-General shall comply with  an order made under subsection (3).   
 (6) If —   
(a) the action is dismissed or discontinued, or if the Court decides that the relevant registered 
trade mark was not infringed by the importation of the seized goods; and  
 (b) a defendant to the infringement action sa tisfies the Court that he has suffered loss or 
damage as a result of the seizure of the goods,   
the Court may order the objector to pay compensation in such amount as the Court thinks fit to that 
defendant.   
 
[Copyright 1988 Ed., s. 140I]   
 
Retention of control of seized goods 
91.—Notwithstanding section 88, in a case in which no order has been made under section 90 (3) in 
relation to seized goods, the Director-General is not obliged to release or dispose of the goods if the Government is required or perm itted, under any other law, to re tain control of the goods.   
 
[Copyright 1988 Ed., s. 140J]   
 
Disposal of seized goods ordered to be forfeited 
92.—If the Court orders that seized goods are to be  forfeited to the Government, the goods shall be 
disposed of —   
(a) in the manner prescribed by rules made under this Act; or  
 
(b) if no manner of disposal is so prescribed, as the Director-General directs.  
 
[Copyright 1988 Ed., s. 140K]   
 
Insufficient security 
93.—(1) If the reasonable expenses incurred by the Dir ector-General in relation to any action taken by 
the Director-General under this Part, or taken in accordance with an order of court under this Part 
exceed the amount deposited, or the amount of the se curity given, under section 83, the amount of the 
excess is a debt due to the Government.    
(2) The debt created by subsection (1) is due by th e objector, or, if there are 2 or more objectors, 
by the objectors jointly and severally.    
[Copyright 1988 Ed., s. 140L]   
  IP/N/1/SGP/T/1/Rev.1 
 Page 67 
 
 
  Detention and examination of counterfeit goods 
93A. —(1) Notwithstanding section 82 (4), any authorised officer may —  
 
(a) detain any goods —   
(i) that are imported into, or that are to be exported from, Singapore; and  
 (ii) that are not goods in transit, unless the goods are consigned to any person with a 
commercial or physical presence in Singapore; or   
(b) examine any goods, including goods in transit,  
 
which he reasonably suspects are counterfeit goods in relation to a registered trade mark.     
[20/2004] 
 
(2) As soon as practicable after goods are detained  under subsection (1) (a), the Director-General 
shall give —   
(a) to the importer, exporter or consignee, as the case may be, of the detained goods; and  
 
(b) to the proprietor of the registered trade mark,  
 
a written notice identifying the goods, stating that  they have been detained and setting out the 
matters referred to in subsection (3).     
[20/2004] 
 
(3) The detained goods shall be released to the impor ter, exporter or consignee, as the case may be, of 
the goods, unless, within the prescribed period, th e proprietor of the registered trade mark —  
 
(a) in the case of goods that are imported into Singapore and that are not goods in transit —  
 
(i) gives the Director-General a written notice referred to in section 82 (1);  
 (ii) submits the documents and information, and pays the fee, referred to in section 82 
(2) to the Director-General; and  
 
(iii) deposits with the Director-General the sum of money referred to in section 83 (a) 
or gives the security referred to in section 83 (b); or   
(b) in the case of goods that are to be exporte d from Singapore or goods in transit that are 
consigned to a person with a commercial or physical presence in Singapore —  
 
(i) institutes an action for the infringement of his trade mark;   (ii) serves on the Director-General an or der of the Court authorising the further 
detention of the goods; and  
 
(iii) deposits with the Director-General a sum of money that, in the opinion of the 
Director-General, is sufficient to —  
 IP/N/1/SGP/T/1/Rev.1 
Page 68  
 
  (A) reimburse the Government for any liability or expense it has incurred and 
is likely to further incur as a result of the detention of the goods; and   (B) pay such compensation to any person who suffers loss or damage as a result of the detention of the goods as may be ordered by the Court; or  
 
gives security, to the satisfaction of the Dir ector-General, for the reimbursement of the 
Government for any such liability or expense and the payment of such compensation.   
 
[20/2004] 
 
(4) Every order of the Court authorising the furt her detention of goods under subsection (3) (b) (ii) 
shall be subject to the condition that the propriet or of the registered trade mark complies with 
subsection (3) (b) (iii) within the peri od prescribed under subsection (3).    
 
[20/2004] 
 
(5) Where the Court has made an order auth orising the further detention of goods under 
subsection (3) (b) —   
(a) the detained goods shall be taken to such secu re place as the Director-General directs; and  
 
(b) sections 86, 87 and 89 to 93 shall apply, w ith the necessary modifications, to the further 
detention of the goods, and for the purposes of such application —   
(i) any reference to the objector shall be re ad as a reference to the proprietor of the 
registered trade mark;  
 (ii) any reference to the importer shall be read as a reference to the exporter or consignee, as the case may be, of the detained goods;   (iii) any reference to the seized goods sha ll be read as a reference to the detained 
goods;  
 (iv) any reference to the seizure of goods sh all be read as a reference to the detention 
or further detention of the goods;   
(v) any reference to the import or importation of goods shall be read —  
 
(A) in the case of goods that are to be exported from Singapore, as a reference to the export of the goods; or   (B) in the case of goods in transit th at are consigned to a person with a 
commercial or physical presence in Singapore, as a reference to the import, 
importation or export, of the goods by the consignee;   
(vi) any reference to infringement action sha ll be read as a reference to an action for 
the infringement of the registered trade mark under subsection (3) (b) (i); and  
 
(vii) any reference to the retention period sh all be read as a reference to the prescribed 
period under subsection (3).     
[20/2004]  IP/N/1/SGP/T/1/Rev.1 
 Page 69 
 
 
   
Powers of search 
 
Powers of search in relation to vessels, aircraft and vehicles 
94.—(1) A senior authorised officer or an authorised  officer acting in accordance with the general or 
special directions of a senior authorised offi cer may board any conveyance in Singapore and may 
rummage and search all parts of the conveyance for goods liable to be seized under section 82 or 
detained under section 93A.    
 
[20/2004] 
 
(2) For the more effective exercise of the powers  conferred by this section, a senior authorised 
officer may do all or any of the following:  
 
(a) require the master of any vessel in Singapore to heave to;   (b) by direction to the master of any vessel or the pilot of any aircraft in Singapore, require 
the vessel or aircraft, as the case may be, not to proceed until so authorised;  
 
(c) require any documents which ought to be on board any vessel or aircraft, being documents 
relating to any goods therein, to be brought to him for inspection;   (d) break open and forcibly enter any place or receptacle in any conveyance to which he cannot otherwise reasonably obtain access;  
 
(e) by direction to the master of any vessel in Singapore, require the vessel to proceed to any 
specified anchorage, wharf or place to  which the vessel may lawfully go;  
 (f) by direction to the master of any vessel in Singapore, require him to move or discharge 
any cargo or other goods therein;  
 (g) require the person in charge of a vehicle —   
(i) to stop and not to proceed until so authorised; or  
 
(ii) to bring the vehicle to any police station or examination station;   
(h) direct that the removal of any goods from or placed in any vessel be prohibited until so 
authorised;   
(i) require the master of any vessel or the pilot of any aircraft to produce a complete manifest 
of the whole cargo of the vessel or aircraft and a complete list of stores carried by that vessel or aircraft.   
(3) An authorised officer may exer cise, in respect of any vehicle or any vessel not exceeding 75 tons 
net tonnage, the powers which are conferred upon a sen ior authorised officer by subsection (2) other 
than the powers conferred by paragraph (d) of that subsection.    (4) It shall be presumed in any proceedings arising out of any thing done under this section, unless the 
contrary is proved, that any authorised officer, not being a senior authorised officer, by whom the thing was done was acting in accordance with the gene ral or special direction of a senior authorised 
officer.   IP/N/1/SGP/T/1/Rev.1 
Page 70  
 
   
(5) If any vessel or aircraft fails to comply with any lawful requisition or direction given or made 
under this section, a senior authorised officer may ta ke all such steps as appear to him necessary to 
secure such compliance.    
(6) Any person who contravenes this section or who fails to comply with an y lawful requisition or 
direction given or made thereunder shall be guilty of an offence and shall be liable on conviction to a 
fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.    (7) An authorised officer may ex ercise the powers conferred by this section in respect of a vessel 
under way if he reasonably suspects that it is not in transit through Singapore.   
 
[Copyright 1988 Ed., s. 140M]   
 
Examination of packages, etc. 
95.—(1) Any goods, package, box, chest or other artic le which is being or has recently been imported 
and in regard to which a reasonable suspicion exists that it is or that it contains goods liable to be 
seized under section 82 or detained under section 93A may be —   
(a) examined and searched by an authorised officer or detained until any person in charge 
thereof has opened it for examination and search;  
 
(b) subjected to such tests or analysis  as the authorised officer thinks fit;  
 (c) forcibly opened by, or by order of, a senior authorised officer to facilitate the examination 
and search except that any person in charge of th e package, box, chest or other article shall be 
afforded every reasonable facility for being presen t at the opening, examination and search; or  
 (d) marked, locked, sealed or otherwise secured by  an authorised officer pending examination 
and search.   
[20/2004] 
 (2) Any person, other than an authorised officer , who removes, opens, breaks or tampers with any 
mark, lock, seal or other means of securing any goods , package, box, chest or other article referred to 
in subsection (1) (d) shall be guilty of an offen ce and shall be liable on conviction to a fine not 
exceeding $6,000 or to imprisonment for a term  not exceeding 6 months or to both.   
 [Copyright 1988 Ed., s. 140N]   
 
Power to remove packages and goods to police station or examination station 
96.—(1) For the more convenient exercise of the powers conferred by section 95, an authorised 
officer may remove any package, box, chest or other article or any goods to a police station or examination station or may require it to be so re moved by the owner thereof or his agent or any 
person having the custody, charge or control thereof.   
 (2) Any person who fails to comply with any such requisition shall be guilty of an offence and shall 
be liable on conviction to a fine not exceeding $6,000.    
(3) Upon the failure by a person to comply with such  a requisition, an authorised officer may remove 
the goods in the manner provided by subsection (1) a nd all the expenses of such removal (as certified 
by a senior authorised officer) shall be recoverable as a fine from that person or from the owner of the 
goods.     IP/N/1/SGP/T/1/Rev.1 
 Page 71 
 
 
  [Copyright 1988 Ed., s. 140O]   
 
Search of persons and baggage 
97.—(1) Any person landing or bei ng about to land or having recently landed from any vessel or 
aircraft, or leaving any vessel or aircraft in Singa pore whether for the purpose of landing or otherwise, 
or entering or having recently entered Si ngapore by land, sea or air, shall —  
 
(a) on demand by an authorised officer, either permit his person and goods  and baggage to be 
searched by the officer for any goods liable to be seized under section 82 or detained under 
section 93A or, together with the goods a nd baggage, accompany the officer to a police 
station or an examination station, and there permit his person and goods  and baggage to be 
searched in the presence and under the supervis ion of a senior authorised officer for any 
goods liable to be seized under section 82 or  detained under section 93A; or  
 (b) on demand by a senior authorised officer, pe rmit his person and goods and baggage to be 
searched by the officer, or in the presence and under the supervision of the officer, for any 
goods liable to be seized under section 82 or detained under section 93A.     
[20/2004] 
 
(2) Whenever it is necessary to cause a woman to be  searched, the search shall be made by another 
woman and with strict regard to decency.   
 (3) The goods and baggage of any person who requests to be present when they  are searched shall not 
be searched except in his presence, unless he fails to  be present after being given reasonable facility 
for being present.   
 
(4) Any person who refuses to comply with any lawful demand made under this section may be 
arrested without warrant by the officer making the demand.    
[Copyright 1988 Ed., s. 140P]   
 
Powers of authorised officers to enter certain premises 
98.—(1) For the purpose of exercising the powers conferred by sections 94 to 97, an authorised 
officer may, without warrant, enter upon any islet, landing place, wharf, dock, railway or quay or the 
premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act (Cap. 170A) or of the Civil Aviation Authority of Singapore.   
 
(2) In this section, “railway” has the same meaning as in the Railways Act (Cap. 263).   
 
[Copyright 1988 Ed., s. 140Q]   
 
Obstruction 
99.—Any person who —  
 
(a) refuses any authorised officer or senior au thorised officer access to any vessel, aircraft, 
vehicle or place which the officer is entitled to under this Part; or   
(b) obstructs or hinders any authorised officer or senior authorised officer in the execution of 
any power conferred upon that officer by this Part,   
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to 
imprisonment for a term not exceeding 12 months or to both.   IP/N/1/SGP/T/1/Rev.1 
Page 72  
 
   
[Copyright 1988 Ed., s. 140R]   
 
Immunity of Government, etc. 
100.—No action or other legal proceedings shall lie  against the Government or any officer or 
employee thereof for anything which is in good faith done or omitted to be done in the exercise of any 
power, duty or function under this Part.    
PART XI 
MISCELLANEOUS AND GENERAL PROVISIONS 
 
Registration to be prima facie evidence 101.—In all legal proceedings relating to a registered  trade mark or any right thereunder (including 
proceedings for rectification of the register) —   
(a) the register shall be prima facie ev idence of anything contained therein;  
 
(b) the registration of the prescribed particular s of any registrable transaction under section 39 
shall be prima facie evidence of the transaction; and   (c) the registration of a person as proprietor of a registered trade mark shall be prima facie evidence of —  
 
(i) the validity of the original registration; and   (ii) any subsequent assignment or other transmission of the registration.    
 
[20/2004] 
 
Certificate of validity of contested registration 
102.—(1) If in proceedings before the Court the va lidity of the registration of a trade mark is 
contested and it is found by the Court that the trade mark is validly registered, the Court may give a 
certificate to that effect.   
 (2) If the Court gives such a certificat e and in subsequent proceedings —  
 
(a) the validity of the registration is again questioned; and   
(b) the proprietor obtains a final order or judgment in his favour,  
 
he is entitled to his costs as between solicitor a nd client unless the Court directs otherwise.   
 (3) Subsection (2) does not extend to the costs of an appeal in any such proceedings.   
 
[UK Trade Marks Act 1994, s. 73]   
  IP/N/1/SGP/T/1/Rev.1 
 Page 73 
 
 
  Certificate of Registrar 
103.—A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing 
which he is authorised to make or do under this Ac t, shall be prima facie evidence of the entry having 
been made, and of the contents thereof, and of th e matter or thing having been done or not done.   
 [Trade Marks 1992 Ed., s. 59]   
 
Costs of proceedings before Court 
104.—In all proceedings before the Court under this Ac t, the Court may award to any party (including 
the Registrar) such costs as it may consider reasona ble, but the Registrar shall not be ordered to pay 
the costs of any other of the parties.   
 
[Trade Marks 1992 Ed., s. 56]   
 
Burden of proving use of trade mark 
105.—If in any civil proceedings under this Act a ques tion arises as to the use to which a registered 
trade mark has been put, it is for the proprietor  to show what use has been made of it.   
 
[UK Trade Marks Act 1994, s. 100]   
 
Composition of offences 
105A. —(1) The Registrar or any person authorised by him in writing may, in his discretion, 
compound any offence under this Act which is pres cribed as a compoundable offence by collecting 
from a person reasonably suspected of having co mmitted the offence a sum of money not exceeding 
$2,000.   
[3/2001] 
 
(2) The Office may, with the approval of the Mini ster, make regulations to prescribe the offences 
which may be compounded.    
[3/2001] 
 
(3) On payment of such sum of money, no further proceedings shall be taken against such person in 
respect of the offence.    
[3/2001] 
 
(4) All sums collected under this section shall be paid into the funds of the Office.    
[3/2001]  
Jurisdiction of Courts 106.—A District Court or a Magistrate's Court sha ll have jurisdiction to hear and determine all 
offences under this Act and, notwithstanding anything to the contrary in the Criminal Procedure Code 
(Cap. 68), shall have power to impose the full penalty or punishment in respect of any such offence.   
 
[Trade Marks 1992 Ed., s. 73D]   
 
Offence committed by partnership or body corporate 
107.—(1) Proceedings for an offence under this Act a lleged to have been committed by a partnership 
shall be brought against the partnership in the name of the firm and not in that of the partners; but 
without prejudice to any liability of the partners under subsection (3).   
 
(2) A fine imposed on a partnershi p on its conviction in such proceed ings shall be paid out of the 
partnership assets.    IP/N/1/SGP/T/1/Rev.1 
Page 74  
 
  (3) Where a partnership is guilty of an offence under  this Act, every partner, other than a partner 
who is proved to have been ignora nt of or to have attempted to prevent the commission of the offence, 
is also guilty of the offence and liable to be proceeded against and punished accordingly.   
 (4) Where an offence under this Act committed by a bo dy corporate is proved to have been committed 
with the consent or connivance of a director, manage r, secretary or other similar officer of the body, 
or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the 
offence and liable to be proceeded ag ainst and punished accordingly.   
 
[UK Trade Marks Act 1994, s. 101]   
 
Power to make rules 
108.—(1) The Minister may make rules —  
 
(a) for any purpose for which rules are authori sed or required to be made under this Act;  
 
(b) for prescribing matters authorised or required by this Act to be prescribed;  
 (c) for prescribing matters necessary or convenient to be prescribed for carrying out or giving 
effect to this Act;   
(d) for prescribing matters necessary or conveni ent to be prescribed for the conduct of any 
proceedings or other matter before the Registrar.     
[3/2001] 
 (2) Without prejudice to the generality of sub section (1), the rules may make provision —  
 
(a) as to the practice and procedure of any proceed ings or other matter before the Registrar;  
 (b) as to the manner of filing of applications or other documents;   
(c) requiring persons to make such statutory d eclarations as may be prescribed in support of 
any application, notice or request;   (d) requiring and regulating the translation of documents and the filing and authentication of 
any translation;  
 
(e) as to the service of documents;   (f) authorising the rectification of irregularities of procedure;   (g) prescribing time limits for anything requi red to be done in connection with any 
proceedings under this Act;  
 (h)  for the extension of any time limit which has been prescribed, or which the Registrar has 
specified, and which has not expired;  
 
(i) as to the giving of evidence in proceedings be fore the Registrar under this Act by affidavit 
or statutory declaration; and    IP/N/1/SGP/T/1/Rev.1 
 Page 75 
 
 
  (j)  for the reinstatement of —  
 
(i)  any application which is treated as withdrawn; or   (ii)  any right which has been abrogated, or thing which has ceased to be in force or to 
exist, by reason of a failure to comply w ith any time limit which has been prescribed 
or which the Registrar has specified,  
 and the conditions for such reinstatement.  
 [UK Trade Marks Act 1994, s. 78]   
 
Transitional provisions 
109.—(1) The provisions of the Third Schedule have ef fect with respect to transitional matters on 
15th January 1999.   
 
(2) The Minister may, by order published in the Gazette, amend the Third Schedule to make such 
further transitional provisions as he ma y consider necessary and expedient.   
  
FIRST SCHEDULE 
 
Section 60 
 
COLLECTIVE MARKS 
 
General 
 
1.—(1) The provisions of this Act shall apply to collective marks subject to the following provisions.   
 (2) For the purposes of this Schedule, “published” means made available to the public (whether in 
Singapore or elsewhere), and a document shall be take n to be published if it can be inspected as of 
right at any place in Singapore by members of the public, whether on payment of a fee or not.   
 
Signs of which a collective mark may consist 
 
2.—In relation to a collective mark, the reference in the definition of “trade mark” in section 2 (1) to 
distinguishing goods or services dealt with or provid ed in the course of trade by a person from those 
so dealt with or provided by any other person shall be construed as a reference to distinguishing goods 
or services dealt with or provided in the course of trade by members of an association which is the 
proprietor of the mark from those so dealt with or provided by persons who are not members of the 
association.   
Indication of geographical origin  
 
3.—(1) Notwithstanding section 7 (1) (c), a collective mark may be registered which consists of signs 
or indications which may serve, in trade, to d esignate the geographical origin of the goods or 
services.   
 IP/N/1/SGP/T/1/Rev.1 
Page 76  
 
  (2) However, the proprietor of such a mark is not entitled to prohibit the use of the signs or 
indications in accordance with honest practices in in dustrial or commercial matters (in particular, by a 
person who is entitled to use a geographical name).    
Mark not to be misleading as to character or significance  
 
4.—(1) A collective mark shall not be registered if the public is liable to be misled as regards the 
character or significance of the mark, in particular if it is likely to be taken to be something other than 
a collective mark.    (2) The Registrar may accordingly require that a mark  in respect of which application is made for 
registration include some indication that it is a collective mark.    
(3) Notwithstanding section 14 (3), an application ma y be amended so as to comply with any such 
requirement.    
Regulations governing use of collective mark  
 
5.—(1) An applicant for registration of a collective mark must file with the Registrar regulations 
governing the use of the mark.    
(2) The regulations must specify the persons authoris ed to use the mark, the conditions of membership 
of the association and, where they exist, the cond itions of use of the mark, including any sanctions 
against misuse.    (3) Further requirements with which the regulations have to comply may be imposed by rules made 
under this Act.   
 
Approval of regulations by Registrar 
 
6.—(1) A collective mark shall not be registered  unless the regulations governing the use of the 
mark —   
(a) comply with paragraph 5 (2) and any fu rther requirements imposed by rules; and  
 
(b) are not contrary to public policy or to accepted principles of morality.  
 
(2) Before the end of the prescribed period after th e date of the application for registration of a 
collective mark, the applicant must file the regulations  with the Registrar and pay the prescribed fee.   
 
(3) If the applicant does not comply with sub-para graph (2), the application shall be treated as 
withdrawn.    7.—(1) The Registrar shall consider whether the requi rements mentioned in paragraph 6 (1) are met.   
 
(2) If it appears to the Registrar that those require ments are not met, he shall inform the applicant 
and give him an opportunity, within such period as th e Registrar may specify, to make representations 
or to file amended regulations.    (3)   If the applicant responds within the specified period but fails to satisfy the Registrar that those 
requirements are met, or to file regulations that ha ve been amended so as to  meet those requirements, 
the Registrar may refuse the application.    IP/N/1/SGP/T/1/Rev.1 
 Page 77 
 
 
   
(3A)   If the applicant fails to respond within the sp ecified period, the application shall be treated as 
withdrawn.    (4) If it appears to the Registrar that those requirements, and the other requirements for 
registration, are met, he shall accept the applicati on and shall proceed in accordance with section 13.   
 8.—The regulations shall be publis hed and notice of opposition may be given relating to the matters 
mentioned in paragraph 6 (1), in addition to an y other grounds on which the application may be 
opposed.  
 
Regulations to be open to inspection  
 
9.—The regulations governing the use of a register ed collective mark sha ll be open to public 
inspection in the same way as the register.   
Amendment of regulations  
 
10.—(1) An amendment of the regulations governing the use of a registered collective mark is not 
effective unless and until the amended regulations ar e filed with the Registrar and accepted by him.   
 
(2) Before accepting any amended regulations the Registrar may in any case where it appears to him 
expedient to do so cause them to be published.    (3) If he does so, notice of opposition may be given re lating to the matters mentioned in paragraph 6 
(1).   
 
Infringement: rights of authorised users  
 
11.—The following provisions shall apply in relation to  an authorised user of  a registered collective 
mark as in relation to a licensee of a trade mark:   
(a) section 27 (5);   
(b) section 82.  
 
12.—(1) The following provisions (which correspond to the provisions of section 44) have effect as 
regards the rights of an authorised user in relation to infringement of a registered collective mark.   
 (2) An authorised user is entitled, subject to any agreement to the contrary between him and the 
proprietor, to call on the proprietor to take infringe ment proceedings in respect of any matter which 
affects his interests.    (3) If the proprietor —   
(a) refuses to do so; or  
 (b) fails to do so within 2 months after being called upon,  
 
the authorised user may bring the proceedings in his own name as if he were the proprietor.   
 IP/N/1/SGP/T/1/Rev.1 
Page 78  
 
  (4) Where infringement proceedings are brought by virt ue of this paragraph, the authorised user may 
not, without the leave of the Court, proceed with the action unless the proprietor is either joined as a 
plaintiff or added as a defendant.    (5) Sub-paragraph (4) does not affect the granting of  interlocutory relief on an application by an 
authorised user alone.   
 (6) A proprietor who is added as a defendant as men tioned in sub-paragraph (4) shall not be made 
liable for any costs in the action unless he  takes part in the proceedings.   
 
(7) In infringement proceedings brought by the propr ietor of a registered collective mark, any loss 
suffered or likely to be suffered by authorised u sers shall be taken into account; and the Court may 
give such directions as it thinks fit as to the extent to which the plaintiff is to hold the proceeds of any 
pecuniary remedy on behalf of such users.    
Grounds for revocation of registration  
 
13.—Apart from the grounds of revocation provided fo r in section 22, the registration of a collective 
mark may be revoked on the ground —  
 
(a) that the manner in which the mark has been used by the proprietor has caused it to become 
liable to mislead the public in the manner referred to in paragraph 4 (1); or  
 (b) that the proprietor has failed to observe, or  to secure the observance of, the regulations 
governing the use of the mark; or  
 (c) that an amendment of the regulations h as been made so that the regulations —  
 
(i) no longer comply with paragraph 5 (2) and any further conditions imposed by 
rules; or  
 (ii) are contrary to public policy or morality.   
Grounds for invalidity of registration 
 
14.—Apart from the grounds of invalidity provided fo r in section 23, the registration of a collective 
mark may be declared invalid on the ground that the mark was registered in breach of the provisions 
of paragraph 4 (1) or 6 (1).  
  
SECOND SCHEDULE  
 
Section 61 
 
CERTIFICATION MARKS 
 
General 
 
1.—(1) The provisions of this Act shall apply to certification marks subject to the provisions of this 
Schedule.    IP/N/1/SGP/T/1/Rev.1 
 Page 79 
 
 
   
(2) For the purposes of this Schedule, “published” means made available to the public (whether in 
Singapore or elsewhere), and a document shall be take n to be published if it can be inspected as of 
right at any place in Singapore by members of the public, whether on payment of a fee or not.    
Signs of which a certification mark may consist  
 
2.—In relation to a certification mark, the reference in  the definition of “trade mark” in section 2 (1) 
to distinguishing goods or services dealt with or provided in the course of trade by a person from 
those so dealt with or provided by any other person shall be construed as a reference to distinguishing 
goods or services dealt with or provided in the course of trade and which are certified in the manner referred to in section 61 (1) (b) from those which are not so certified.   
Indication of geographical origin  
 
3.—(1) Notwithstanding section 7 (1) (c), a certifica tion mark may be registered which consists of 
signs or indications which may serve, in trade, to designate the geographical origin of the goods or 
services.    (2) However, the proprietor of such a mark is not entitled to prohibit the use of the signs or 
indications in accordance with honest practices in in dustrial or commercial matters (in particular, by a 
person who is entitled to use a geographical name).   
 
Nature of proprietor’s business  
 
4.—A certification mark shall not be registered  if the proprietor carries on a business involving 
the supply of goods or services of the kind certified.   
Mark not to be misleading as to character or significance  
 
5.—(1) A certification mark shall not be registered if  the public is liable to be misled as regards the 
character or significance of the mark, in particular if it is likely to be taken to be something other than 
a certification mark.   
 (2) The Registrar may accordingly require that a mark  in respect of which application is made for 
registration include some indication that it is a certification mark.    
(3) Notwithstanding section 14 (3), an application ma y be amended so as to comply with any such 
requirement.    
Regulations governing use of certification mark  
 
6.—(1) An applicant for registration of a certificati on mark must file with the Registrar regulations 
governing the use of the mark.    
(2) The regulations must indicate who is authori sed to use the mark, the characteristics to be 
certified by the mark, how the certifying body is to test those characteristics and to supervise the use of the mark, the fees (if any) to be paid in connection with the operation of the mark and the 
procedures for resolving disputes.    IP/N/1/SGP/T/1/Rev.1 
Page 80  
 
  (3) Further requirements with which the regulations have to comply may be imposed by rules made 
under this Act.    
Approval of regulations, etc.  
 
7.—(1) A certification mark shall not be registered unless —  
 
(a) the regulations governing the use of the mark —  
 
(i) comply with paragraph 6 (2) and any fu rther requirements imposed by rules; and  
 
(ii) are not contrary to public policy or to accepted principles of morality; and  
 
(b) the applicant is competent to certify the go ods or services for which the mark is to be 
registered.   
(2) Before the end of the prescribed period after th e date of the application for registration of a 
certification mark, the applicant must file the regul ations with the Registrar and pay the prescribed 
fee.   
 (3) If the applicant does not comply with sub-para graph (2), the application shall be treated as 
withdrawn.    8.—(1) The Registrar shall consider whether the requi rements mentioned in paragraph 7 (1) are met.   
 
(2) If it appears to the Registrar that those requireme nts are not met, he shall inform the applicant and 
give him an opportunity, within such period as the Re gistrar may specify, to make representations or 
to file amended regulations.    
(3)   If the applicant responds within the specified period but fails to satisfy the Registrar that those 
requirements are met, or to file regulations that have been amended so as to meet those 
requirements, the Registrar may refuse the application.    (3A)   If the applicant fails to respond within the sp ecified period, the application shall be treated as 
withdrawn.   
 (4) If it appears to the Registrar that those require ments, and the other requirements for registration, 
are met, he shall accept the application and shall proceed in accordance with section 13.   
 9.—The regulations shall be publis hed and notice of opposition may be given relating to the matters 
mentioned in paragraph 7 (1), in addition to an y other grounds on which the application may be 
opposed.   
Regulations to be open to inspection  
 
10.—The regulations governing the use of a register ed certification mark shall be open to public 
inspection in the same way as the register.   
Amendment of regulations  
 
11.—(1) An amendment of the regulations governing the use of a registered certification mark is not 
effective unless and until the amended regulations ar e filed with the Registrar and accepted by him.    IP/N/1/SGP/T/1/Rev.1 
 Page 81 
 
 
   
(2) Before accepting any amended regulations, the Re gistrar may, in any case where it appears to him 
expedient to do so, cause them to be published.    (3) If the Registrar causes the regulations to be  published, notice of oppositi on may be given relating 
to the matters mentioned in paragraph 7 (1).   
 
Consent to assignment of registered certification mark  
 
12.—The assignment or other transmission of a regist ered certification mark is not effective without 
the consent of the Registrar.   
Infringement: rights of authorised users  
 
13.—The following provisions apply in relation to an authorised user of a registered certification 
mark as in relation to a licensee of a trade mark —  
 
(a) section 27 (5);   (b) section 82.   
14.—In infringement proceedings brought by the proprietor of a registered certification mark, any loss 
suffered or likely to be suffered by authorised u sers shall be taken into account; and the Court may 
give such directions as it thinks fit as to the extent to which the plaintiff is to hold the proceeds of any 
pecuniary remedy on behalf of such users.   
Grounds for revocation of registration  
 
15.—Apart from the grounds of revocation provided  for in section 22, the registration of a 
certification mark may be revoked on the ground —  
 
(a) that the proprietor has begun to carry on such  a business as is mentioned in paragraph 4;  
 (b) that the manner in which the mark has been used by the pr oprietor has caused it to become 
liable to mislead the public in the manner  referred to in paragraph 5 (1);  
 (c) that the proprietor has failed to observe, or  to secure the observance of, the regulations 
governing the use of the mark;   (d) that an amendment of the regulations h as been made so that the regulations —  
 
(i) no longer comply with paragraph 6 (2) and any further conditions imposed by 
rules; or   (ii) are contrary to public policy or morality; or  
 
(e) that the proprietor is no longer competen t to certify the goods or services for which the 
mark is registered.   IP/N/1/SGP/T/1/Rev.1 
Page 82  
 
  Grounds for invalidity of registration  
 
16.—Apart from the grounds of invalidity provided for in section 23, the registration of a certification 
mark may be declared invalid on the ground that the mark was registered in breach of the provisions 
of paragraph 4, 5 (1) or 7 (1).    
THIRD SCHEDULE  
 
Section 109 
 
TRANSITIONAL PROVISIONS 
 
PART INTRODUCTORY  
 
1.—(1) In this Schedule, unless the context otherwise requires —  
 
"existing registered mark" means a trade mark or certification trade mark registered under the Trade Marks Act (Cap. 332, 1992 Ed.) immediately before 15th January 1999;   "the old law" means the repealed Act and any other enactment or rule of law applying to 
existing registered marks immediately before 15th January 1999.  
 
(2) For the purposes of this Schedule —   
(a) an application shall be treated as pendi ng on 15th January 1999 if it was made but not 
finally determined before that date; and  
 (b) the date on which it was made shall be th e date of filing under the repealed Act.  
 
Existing registered marks  
 
2.—(1) Any existing registered mark, whether registered  in Part A or B of the register kept under the 
repealed Act, is a registered trade mark for the purposes of this Act.   
 
(2) Any existing registered mark registered as a certif ication trade mark in the register kept under the 
repealed Act is a registered certification mark for the purposes of this Act.    (3) Any existing registered mark re gistered as a series of trade mark s in the register kept under the 
repealed Act is similarly registered in the new register for the purposes of this Act.   
 
(4) In any other case, any note indi cating that an existing registered ma rk is associated with any other 
mark shall cease to have effect on 15th January 1999.    3.—(1) A condition entered in the register kept u nder the repealed Act in relation to an existing 
registered mark immediately before 15th January 1 999 shall cease to have effect on that date.   
 (2) Proceedings under section 39 (3) of the repealed  Act which are pending on 15th January 1999 
shall be dealt with under the ol d law and any necessary alteration made to the new register.   
  IP/N/1/SGP/T/1/Rev.1 
 Page 83 
 
 
  (3) A disclaimer or limitation entered in the register  kept under the repealed Act in relation to an 
existing registered mark immediately before 15th Ja nuary 1999 shall be deemed to be transferred to 
the new register and have effect as if entered in the register in pursuance of section 30 of this Act.   
 
Effects of registration: infringement  
 
4.—(1) Sections 26 to 29 of this Act apply in relation to an existing registered mark as from 
15th January 1999 and section 31 of this Act applies in relation to infringement of an existing 
registered mark committed after that da te, subject to sub-paragraph (3).   
 (2) The old law continues to apply in relation to infringements committed before 15th January 1999.   
 (3) It is not an infringement of —  
 
(a) an existing registered mark; or   (b) a registered trade mark of which the distinc tive elements are the same or substantially the 
same as those of an existing registered mark and which is registered for the same goods or 
services,  
 
to continue after commencement any use which did not amount to infringement of the existing 
registered mark under the old law.    
Infringing goods, material or articles  
 
5.—Section 33 of this Act shall apply to infringing go ods, material or articles whether made before or 
after 15th January 1999.  
 
Rights and remedies of licensee or authorised user  
 
6.—(1) Section 44 of this Act shall apply to licen ces granted before 15th Ja nuary 1999, but only in 
relation to infringements committed after that date.    (2) Paragraph 14 of the Second Schedule of this Act applies only in relation to infringements 
committed after 15th January 1999.   
 
Co-ownership of registered mark  
 
7.—(1) Subject to sub-paragraph (2), the provisions of section 37 of this Act apply as from 
15th January 1999 to an existing registered mark of wh ich 2 or more persons we re immediately before 
that date registered as joint proprietors.    
(2) So long as the relations between the joint prop rietors remain such as are described in section 12 
(11) of the repealed Act, there shall be taken to be an agreement to exclude  the operation of section 37 
(1) and (3) of this Act.    
Assignment, etc., of registered mark  
 
8.—(1) Section 38 of this Act shall apply to transac tions and events occurring after 15th January 1999 
in relation to an existing registered mark; and the ol d law continues to apply in relation to transactions 
and events occurring before that date.   IP/N/1/SGP/T/1/Rev.1 
Page 84  
 
   
(2) Entries in the register kept under the repealed Act relating to the assignment of registered trade 
marks and of the benefits of applications for re gistration of trade marks shall be deemed to be 
transferred on 15th January 1999 to the register kept  under this Act and have effect as if made under 
section 39 of this Act.   
 
(3) Provision may be made by rules for putting entri es referred to in sub-paragraph (2) in the same 
form as is required for entries made under this Act.    (4) An application for registration of an assignment  of a registered trade mark or of an assignment 
of the benefits of an application for registrati on of a trade mark, made to the Registrar before 
15
th January 1999, shall be treated as an application for registration under section 39 of this Act and 
shall proceed accordingly.    (5) The Registrar may require the applicant to am end his application so as to conform with the 
requirements of this Act.   
 (6) An application for registration under section 43 of  the repealed Act which has been determined by 
the Registrar but not finally determined before 15t h January 1999 shall be dealt with under the old 
law; and sub-paragraphs (2) and (3 ) shall apply in relation to any r esulting entry in the register.   
 
(7) Where before 15th January 1999 a person has be come entitled by assignment or transmission to an 
existing registered mark but has not registered his titl e, any application for registration after that date 
shall be made under section 39 of this Act.    (8) In cases to which sub-paragraph (4) or (7) appli es, section 43 (2) of the repealed Act continues to 
apply (and section 39 (3) and (4) of this Act do not apply) as regards the consequences of failing to 
register.    
Licensing of registered mark  
 
9.—(1) Sections 42 and 43 (2) of this Act sha ll apply only in relation to licences granted after 
15th January 1999; and the old law continues to apply in  relation to licences granted before that date.   
 
(2) Existing entries under section 30 of the rep ealed Act shall be deemed transferred on 
15th January 1999 to the register kept under this Ac t and have effect as if made under section 39 of 
this Act.    (3) Provision may be made by rules for putting entri es referred to in sub-paragraph (2) in the same 
form as is required for entries made under this Act.   
 
(4) An application for registration as a registered  user which is pending before the Registrar on 
15th January 1999 shall be treated as an applicati on for registration of a licence under section 39 (1) 
of this Act and shall proceed accordingly.    
(5) The Registrar may require the applicant to am end his application so as to conform with the 
requirements of this Act.    (6) An application for registration as a registered u ser which has been determined by the Registrar but 
not finally determined before 15th January 1999 shall be dealt with under the old law; and sub-
paragraphs (2) and (3) shall apply in relati on to any resulting entry in the register.   
  IP/N/1/SGP/T/1/Rev.1 
 Page 85 
 
 
  (7) Any proceedings pending on 15th January 1999 unde r section 30 (9) or (10) of the repealed Act 
shall be dealt with under the ol d law and any necessary alteration made to the new register.   
 
Pending applications for registration  
 
10.—(1) Subject to paragraph 11, an application for registration of a mark under the old law which is 
pending on 15th January 1999 shall be dealt with under the old law, and if registered the mark shall be 
treated for the purposes of this Schedul e as an existing registered mark.   
 (2) The power of the Minister under section 108 of  this Act to make rules regulating practice and 
procedure, and as to the matters mentioned in subsecti on (2) of that section, is exercisable in relation 
to such an application; and different provision may be made for such applications from that made for 
other applications.   
 
(3) Section 26 of the repealed Act shall be disr egarded in dealing after 15th January 1999 with an 
application for registration.    (4) Subject to sub-paragraph (6), a mark shall not be  registered under this paragraph if it contains or 
consists of a geographical indication in respect of a wine or spirit and the mark is used or intended to 
be used in relation to a wine or spirit not originating from the geographical origin indicated by the geographical indication.    (5) Sub-paragraph (4) shall apply whether or not the mark has, or is accompanied by, an indication of 
the true geographical origin of the wine or spirit (as the case may be) or an expression such as “kind”, 
“type”, “style”, “imitation” or the like, and irrespec tive of the language the geographical indication is 
expressed in that trade mark.    (6) A mark shall not be refused registration by virtue  of sub-paragraph (4) if the application had been 
made in good faith, or if it had been used continuo usly in good faith in the course of trade by the 
applicant for its registration or his predecessor in title, either —  
 
(a) before 15th January 1999; or   (b) before the geographical indication concerne d is protected in its country of origin.  
 
(7) A mark shall not be refused registration by virtue of sub-paragraph (4) if the geographical 
indication in question —   
(a) has ceased to be protected; or   
(b) has fallen into disuse,  
 
in its country of origin.    
Conversion of pending application  
 
11.—(1) In the case of a pending application for re gistration which has not been advertised under 
section 18 of the repealed Act before 15th January  1999, the applicant may give notice to the 
Registrar claiming to have the registrability of th e mark determined in accordance with the provisions 
of this Act.    IP/N/1/SGP/T/1/Rev.1 
Page 86  
 
  (2) The notice must be in the relevant form publishe d by the Registrar under section 76 of this Act, be 
accompanied by the appropriate fee and be given no later than 6 months afte r 15th January 1999.   
 (3) Notice duly given is irrevocable and has the effect  that the application shall be treated as if made 
immediately after 15th January 1999.   
 
Claim to priority from overseas application  
 
12.—Section 10 of this Act shall apply to an appli cation for registration under this Act made after 
15th January 1999 notwithstanding that the Conventi on application was made before that date.  
 13.—(1) Where, before 15th January 1999, a person h as duly filed an application for protection of a 
trade mark in a foreign state to which section 75 of  the repealed Act applies which is not a Convention 
country (referred to in this paragraph as a “relevant overseas application”), he, or his successor in title, 
has a right to priority, for the purposes of registeri ng the same trade mark under this Act for some or 
all of the same goods or services, for a period of 6 months from the date of filing of the relevant 
overseas application.    
(2) If the application for registration under this  Act is made within that 6 month period —  
 
(a) the relevant date for the purposes of estab lishing which rights take precedence shall be the 
date of filing of the relevant overseas application; and   (b) the registrability of the trade mark shall not be affected by any use of the mark in 
Singapore in the period between that date and th e date of the application under this Act.  
 
(3) Any filing which in a foreign state referred to in sub-paragraph (1) is equivalent to a regular 
national filing, under its domes tic legislation or an international ag reement, shall be deemed to give 
rise to the right of priority.   
 
(4) For the purposes of sub-paragraph (3), a “regular  national filing” means a filing which is adequate 
to establish the date on which the application was filed in that country, whatever may be the subsequent fate of the application.    
(5) A subsequent application concerning the same s ubject as the relevant overseas application, filed in 
the same country, shall be considered the relevant overseas application (of which the filing date is the 
starting date of the period of priority), if at the time of the subsequent application —  
 
(a) the previous application has been withdr awn, abandoned or refused, without having been 
laid open to public inspection and without leaving any rights outstanding; and  
 
(b) it has not yet served as a basis for claiming a right of priority,   
and the previous application may not thereafter serv e as a basis for claiming a right of priority.   
 
(6) The Minister may make rules to provide for the manner of claiming a right to priority on the basis 
of a relevant overseas application.    (7) A right to priority arising as a result of a relevant overseas application may be assigned or otherwise transmitted, either with the applicatio n or independently, and the reference in sub-
paragraph (1) to the applicant's “successor in title” shall be construed accordingly.   
  IP/N/1/SGP/T/1/Rev.1 
 Page 87 
 
 
  (8) Nothing in this paragraph shall affect pro ceedings on an application for registration under the 
repealed Act made before 15th January 1999.    
Renewal of registration  
 
14.—Section 19 of this Act applies where the renewal of an existing registered mark falls due on or 
after 15th January 1999; and the old law continues to apply in any other case.  
 
Pending application for alteration of registered mark  
 
15.—An application under section 38 of the repealed Act which is pending on 15 th January 1999 shall 
be dealt with under the old law and any neces sary alteration made to the new register.  
 
Use 
 
16.—(1) An application under section 40 of the rep ealed Act which is pending on 15th January 1999 
shall be dealt with under the ol d law and any necessary alteration made to the new register.   
 
(2) An application under section 22 (1) (a) or (b) of  this Act may be made in relation to an existing 
registered mark at any time after 15th January 1999.    (3) However, no application referred to in sub-paragraph (2) for the revocation of the registration of 
an existing registered mark registered by virtue of  section 41 of the repealed Act may be made until 
more than 5 years after 15th January 1999.   
 
Application for rectification, etc.  
 
17.—(1) An application under section 37 or 39 of  the repealed Act which is pending on 
15th January 1999 shall be dealt with under the old law and any necessary alteration made to the new 
register.    (2) For the purposes of proceedings under section 23 of this Act as it applies in relation to an existing 
registered mark, the provisions of this Act shall be d eemed to have been in force at all material times, 
except that no objection to the validity of the registra tion of an existing registered mark may be taken 
on the ground specified in section 8 (3) of this Act.    
Regulations governing use of certification mark  
 
18.—(1) Regulations governing the use of an existin g registered certification mark transmitted to the 
Registrar in pursuance of section 68 of the repealed Act shall be treated after 15th January 1999 as if 
filed under paragraph 6 of the S econd Schedule to this Act.   
 (2) Any request for amendment of the regulations which was pending on 15th January 1999 shall be 
dealt with under the old law.    
Certificate of validity of contested registration  
 
19.—A certificate given before 15th January 1999 u nder section 54 of the repealed Act shall have 
effect as if given under sec tion 102 of this Act.  
  IP/N/1/SGP/T/1/Rev.1 
Page 88  
 
  LEGISLATION HISTORY  
 
1. Act 46 of 1998 — Trade Marks Act 1998  
         
Date of First Reading : 12.10.98 (Bill No. 42/98 published on 13.10.98)
Date of Second and Third Readings : 26.11.98 Date of commencement : 15.1.99 (except section 54) 
         
2. Act 28 of 2000 — Statutes (Miscellaneous Amendments and Repeal) Act 2000  
         
Date of First Reading : 25.8. 2000 (Bill No. 22/2000 published on 
26.8.2000) 
Date of Second and Third Readings : 9.10.2000 
Date of commencement : 1.11.2000 
         
3. Act 3 of 2001 — Intellectual Property Office of Singapore Act 2001  
         
Date of First Reading : 12.1. 2001 (Bill No. 1/2001 published on 
13.1.2001) 
Date of Second and Third Readings : 22.2.2001 Date of commencement : 1.4.2001          
4. Act 4 of 2003 — Customs (Amendment) Act 2003  
         
Date of First Reading : 10.3. 2003 (Bill No. 6/2003 published on 
11.3.2003) 
Date of Second and Third Readings : 21.3.2003 Date of commencement : 1.4.2003          
5. Act 20 of 2004 — Trade Marks (Amendment) Act 2004  
         
Date of First Reading : 19.5. 2005 (Bill No. 18/2004 published on 
20.5.2004) 
Date of Second and Third Readings : 15.6.2004 
Date of commencement : 1.7.2004 
         
  IP/N/1/SGP/T/1/Rev.1 
 Page 89 
 
 
   
COMPARATIVE TABLE  
 
The following provisions in the 1999 Revised Edition of the Trade Marks Act have been renumbered 
by the Law Revision Commissioners in this 2005 Revised Edition.    This Comparative Table is provided for the conven ience of users. It is not part of the Trade 
Marks Act.  
2005 Ed.     1999 Ed.  
8—(1) to (3)    8—(1) to (3) 
(4)    (3A) (5)    (3B) (6)    (3C) 
(7)    (4) 
(8)    (5) (9)    (6) (10)    (6A) (11)    (7) 
10—(1) to (6)    10—(1) to (6) 
(7)    (6A) (8)    (7) (9)    (8) 15—(1) and (2)    15—(1) and (2) 
—    (3) (Deleted by Act 20/2004)  
—    (4) (Deleted by Act 20/2004)  
(3)    (5) 19—(1), (2) and (3)    19—(1), (2) and (3) 
(4)    (3A) (5)    (3B) 
(6)    (4) 
(7)    (5) (8)    (6) 22—(1) to (4)    22—(1) to (4) 
—    (5) (Deleted by Act 28/2000)  
(5)    (6) 
(6)    (7) (7)    (8) 23—(1) to (6)    23—(1) to (6) 
(7)    (6A) (8)    (6B) 
(9)    (7) IP/N/1/SGP/T/1/Rev.1 
Page 90  
 
  (10)    (8) 
34—(1) and (6)    34—(1) and (2) 
(3)    (2A) (4)    (3) (5)    (4) 
(6)    (5) 
(7)    (6) (8)    (7) 39—(1) to (4)    39—(1) to (4) 
(5)    (4A) 
(6)    (5) 
(7)    (6) 42—(1) to (5)    42—(1) to (5) 
(6)    (5A) (7)    (5B) 
(8)    (6) 
45—(1) to (5)    45—(1) to (5) 
—    (6) (Deleted by Act 20/2004)  
(6)    (7) (7)    (8) (8)    (9) 
(9)    (10) 
(10)    (11)  
   
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