SINGAPORE
TRADE MARKS ACT 1998
Enter into force on 10, June 2022
TABLE OF CONTENTSPART 1 PRELIMINARY
1. Short title
2. General interpretation
3. Meaning of infringing goods, material or articles and counterfeit
goods or trade markPART 2 REGISTRATION OF TRADE MARKS
introductory
4. Registered trade marks
Application for registration of trade mark5. 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
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

1Duration, renewal and alteration of registered trade mark18. Duration of registration
19. Renewal of registration
20. Alteration of registered trade markCancellation, revocation and invalidity
21. Cancellation of registered trade mark22. Revocation of registration
23. Grounds for invalidity of registration
24. Effect of acquiescence
Miscellaneous
25. Amendment of other documents
PART 3 RIGHTS AND REMEDIES OF PROPRIETOR OF REGISTERED TRADE MARK
Rights of proprietor of registered trade mark26. Rights conferred by registered trade mark27. Acts amounting to infringement of registered trade mark28. Acts not amounting to infringement
29. Exhaustion of rights conferred by registered trade mark30. 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 4 REGISTERED TRADE MARK AS OBJECT OF PROPERTY
36. Nature of registered trade mark37. Co-ownership of registered trade mark38. Assignment, etc., of registered trade mark39. Registration of transactions affecting registered trade mark40. Trusts and equities
41. Application for registration of trade mark as object of property
PART 5 LICENSING
42. Licensing of registered trade mark43. Exclusive licences244. General provisions as to rights of licensees in case of
infringement
45. Exclusive licensee having rights and remedies of assignee
PART 6 OFFENCESCounterfeiting a trade mark46. Counterfeiting a trade mark47. Falsely applying a registered trade mark to goods and services
48. Making or possessing of article 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 trademarks of Arms or Flags prohibited, etc.
53. Forfeiture and destruction of goods, etc., on conviction
53A.Enforcement measures
PART 7 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 trademarks:
supplementary provisions
55. Protection of well-known trademarks:
55A.Permitted use of well-known trade marks
56. National emblems, etc., of Convention countries: Article 6ter ofParis Convention, etc.
57. Emblems, etc., of certain international organizations: 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 8 COLLECTIVE MARKS AND CERTIFICATION MARKS
60. Collective marks
61. Certification marks
PART 9 ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS

3

The Registrar
62. Registrar of Trade Marks and other officers
63. Delegation by Registrar
64. Registry of Trade Marks
65. Seal of Registry
The Register
66. The register
67. Rectification 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 10 ASSISTANCE BY BORDER AUTHORITIESDivision 1 — Preliminary provisions
81. Interpretation of this Part
81A. Delegation of Director-General’s powers
81B. Fees
Division 2 — Seizure of goods on request
82. Restriction of importation of infringing goods
83. Security for liability or expense of seizure
84. Secure storage of seized goods
85. Notice of seizure485A. Persons bound to give information or produce documents
85B. Information on import
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 mark91. Retention of control of seized goods
92. Disposal of seized goods
93. Insufficient security
Division 3 — Ex-officio seizure of goods
93A. Seizure and inspection of counterfeit goods
93B. Requirements for continued detention
93C. Notice to take action
93D. Persons bound to give information or produce documents
93E. Information on import or export
93F. Forfeiture of seized goods by consent
93G. Compulsory release of seized goods to dealer
93H. Provisions relating to infringement action
93I. Compensation for failure to take action
93J. Retention of control of seized goods
93K. Disposal of seized goods
93L. Insufficient security
Division 4 — 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 authorized officers to enter certain premises
Division 5 — Miscellaneous provisions
99. Obstruction
100. Protection from personal liability
PART 11 MISCELLANEOUS AND GENERAL PROVISIONS
101. Registration to be prima facie evidence
102. Certificate of validity of contested registration
103. Certificate of Registrar
5104. Costs of proceedings before Court
105. Burden of proving use of trade mark105A. 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 MARKSSECOND SCHEDULE CERTIFICATION MARKS
THIRD SCHEDULE TRANSITIONAL PROVISIONS

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PART 1 PRELIMINARY
1. Short title
This Act is the Trade Marks Act 1998.
2. General interpretation(1) In this Act, unless the context otherwise requires —“business” includes a trade or profession;“business identifier” means any sign capable of being represented
graphically which is used to identify any business;“certification mark” has the meaning given by section 61;“collective mark” has the meaning given by section 60;“Convention country” means —(a) in section 10 and paragraph 13 of the Third 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 whichis —(i) a party to the Paris Convention; or(ii) a member of the World Trade Organisation;“Court” means the General Division of the High Court;“dilution”, in relation to a trade mark, means the lessening of thecapacity of the trade mark to identify and distinguish goods orservices, regardless of whether there is —(a) any competition between the proprietor of the trade mark and anyother party; or(b) any likelihood of confusion on the part of the public;“earlier trade mark” means —(a) a registered trade mark or an international trade mark(Singapore), the application for registration of which was madeearlier than the trade mark in question, taking account (whereappropriate) of the priorities claimed in respect of the trade
marks; or(b) a trade mark which, at the date of application for registrationof 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 forregistration has been made and which, if registered, would be an
earlier trade mark by virtue of paragraph (a) subject to its being
so registered;7

“geographical indication” has the meaning given by section 2 of theGeographical Indications Act 2014;“International Bureau” has the meaning given by Article 2(1) of the
Madrid Protocol;“international trade mark (Singapore)” means a trade mark which isentitled to protection in Singapore under the Madrid Protocol, or a
trade mark prescribed by the Minister (by rules made under section54) 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 27 June 1989, as revised or amended from time
to time;“Office” means the Intellectual Property Office of Singapore
incorporated under the Intellectual Property Office of Singapore Act
2001;“Paris Convention” means the Convention for the Protection ofIndustrial Property signed at Paris on 20 March 1883, as revised oramended from time to time;“proprietor” means —(a) in relation to a registered trade mark — the person in whosename 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 theRegistrar under section 66;“Registrar” means the Registrar of Trade Marks mentioned in section
62 and includes any Deputy Registrar of Trade Marks mentioned inthat section;“Registry” means the Registry of Trade Marks established under
section 64;“repealed Act” means the Trade Marks Act (Cap. 332, 1992 Revised
Edition) repealed by the Trade Marks Act
revised

as

Cap.

1998

(Act

46

of

1998,

332,

1999 Revised Edition);“sign” includes any letter, word, name, signature, numeral, device,brand, heading, label, ticket, shape, colour, aspect of packaging or
any combination thereof;“trade” includes any business or profession;“trade mark” means any sign capable of being represented graphicallyand which is capable of distinguishing goods or services dealt withor provided in the course of trade by a person from goods or
8

services so dealt with or provided by any other person;“TRIPS Agreement” means the Agreement on Trade-Related Aspects ofIntellectual Property Rights, set out in Annex 1C to the WTO
Agreement, 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 andthat 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 orcommercial 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 Organisation Agreement signed
in Marrakesh in 1994 as revised or amended from time to time.
(2) References in this Act to a trade mark include any trade markwhich 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 thecontext otherwise requires, a collective mark or certification mark.
(4) References in this Act to use (or any particular description ofuse) 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 particular, in theexpression “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 thisAct, whether a trade mark is well known in Singapore, it is relevant
to take into account any matter from which it may be inferred that9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 byany 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
exhibition 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 isused or recognised, and the duration of such registration orapplication;(d) any successful enforcement of any right in the trade mark in any
country or territory, and the extent to which the trade mark wasrecognised as well known by the competent authorities of thatcountry or territory;(e) any value associated with the trade mark.
(8) Where it is determined that a trade mark is well known to any
relevant sector of the public in Singapore, the trade mark is deemed
to be well known in Singapore.
(9) In subsections (7) and (8), “relevant sector of the public in
Singapore” includes any of the following:(a) all actual consumers and potential consumers in Singapore of thegoods or services to which the trade mark is applied;(b) all persons in Singapore involved in the distribution of thegoods or services to which the trade mark is applied;(c) all businesses and bodies corporate in Singapore dealing in the
goods or services to which the trade mark is applied.
3. Meaning of infringing goods, material or articles and counterfeit
goods or trade mark(1) For the purposes of this Act —(a) “infringing goods”, “infringing material” and “infringing
articles” are to be construed in accordance with subsections (2),(3) and (4), respectively; and(b) “counterfeit goods” and “counterfeit trade mark” are to beconstrued in accordance with subsections (5) and (6), respectively.
10(2) Goods are “infringing goods”, in relation to a registered trademark, if they or their packaging bears a sign identical with orsimilar 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 theapplication 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 relation to the goods insuch a way as to infringe the registered trade mark.
(3) Material is “infringing material”, in relation to a registeredtrade mark, if it bears a sign identical with or similar to thatmark and either —(a) it is used for labelling or packaging goods, as a businesspaper, or for advertising goods or services, in such a way as toinfringe the registered trade mark; or(b) it is intended to be so used and such use would infringe theregistered 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 orsimilar to that mark; and(b) which a person has in the person’s possession, custody orcontrol, knowing or having reason to believe that they have been or
are to be used to produce infringing goods or material.
(5) Goods are “counterfeit goods”, in relation to a registered trademark, if —(a) they are infringing goods in relation to that mark; and(b) the sign borne by them or their packaging is a counterfeit trade
mark.
(6) A sign is a “counterfeit trade mark”, in relation to aregistered trade mark, if the sign —(a) is identical with or so nearly resembling the registered trade
mark as to be calculated to deceive; and(b) is applied to goods or services —(i) without the express or implied consent (conditional or11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 theregistered trade mark.

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PART 2 REGISTRATION OF TRADE MARKS
Introductory
4. Registered trade marks(1) A registered trade mark is a property right obtained by theregistration of the trade mark under this Act and the proprietor ofa registered trade mark has the rights and remedies provided by thisAct.
(2) No proceedings shall lie to prevent or recover damages for the
infringement of an unregistered trade mark as such; but nothing inthis Act affects the law relating to passing off or rights under the
Geographical Indications Act 2014.
Application for registration of trade mark5. Application for registration(1) An application for registration of a trade mark must be made in
the prescribed manner to the Registrar.
(2) The application must —(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 which 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 theapplicant or with the applicant’s consent, in relation to those
goods or services; or(ii) that the applicant has a bona fide intention that the trade
mark should be so used.
(3) The application is subject to the payment of the application fee
and such other fees as may be appropriate.
(4) The date of the application for registration of the trade markis the earliest date on which —(a) all the requirements under subsection (2) have been satisfied;and(b) all the fees payable under subsection (3) —13

(i) have been paid; or(ii) are treated by the Registrar as paid.
5A. Division of application for registration(1) Subject to this section and any rules made under subsection (3),an application for registration of a trade mark may, at the requestof the applicant, be divided into 2 or more separate applications
for registration of the trade mark.
(2) A request under subsection (1) —(a) must be made to the Registrar —(i) in the prescribed manner; and(ii) before the trade mark is registered; and(b) is subject to the payment of such fee as may be prescribed.
(3) The Minister may make rules for the purposes of this section andmay, in those rules, provide for —(a) the circumstances in which an application for registration of a
trade mark may be divided;(b) the conditions to be satisfied before a request 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.
6. Classification of goods and services(1) Goods and services must be classified, for the purposes of theregistration of trade marks, according to a prescribed system ofclassification.
(2) Any question arising as to the class within which any goods orservices fall is to be determined by the Registrar, whose decision
is final.
Grounds for refusal of registration
7. Absolute grounds for refusal of registration(1) The following must 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;14(c) trade marks which consist exclusively of signs or indications
which may serve, in trade, to designate the kind, quality, quantity,
intended purpose, value, geographical origin, the time of productionof goods or of rendering of services, or other characteristics ofgoods or services; and(d) trade marks which consist exclusively of signs or indications
which have become customary in the current language or in the bonafide and established practices of the trade.
(2) A trade mark must not be refused registration by virtue ofsubsection (1)(b), (c) or (d) if, before the date of application forregistration, it has in fact acquired a distinctive character as aresult of the use made of it.
(3) A sign must not be registered as a trade 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 necessary to obtain a technicalresult; or(c) the shape which gives substantial value to the goods.
(4) A trade mark must not be registered if it is —(a) contrary to public policy or to morality; or(b) of such a nature as to deceive the public (for instance as tothe nature, quality or geographical origin of the goods or service).
(5) A trade mark must 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 must not be registered if or to the extent that theapplication is made in bad faith.
(7) Despite subsection (2), a trade mark must not be registered if
it contains or consists of a geographical indication in respect of awine or spirit and the trade mark is used or intended to be used inrelation to a wine or spirit not originating from the place
indicated in the geographical indication.
(8) Subsection (7) applies whether or not the trade mark has, or isaccompanied by, an indication of the true geographical origin of thewine or spirit (as the case may be) or an expression such as “kind”,
15

“type”, “style”, “imitation” or the like, and irrespective of thelanguage the geographical indication is expressed in that trade
mark.
(9) A trade mark must not be refused registration by virtue ofsubsection (7) if the application for its registration had been madein good faith, or if it had been used continuously in good faith in
the course of trade by the applicant for its registration or theapplicant’s predecessor in title, either —(a) before 15 January 1999; or(b) before the geographical indication in question is protected inits country of origin.
(10) A trade mark must not be refused registration by virtue ofsubsection (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) Despite subsection (2), a trade mark must not be registered if—(a) it contains or consists of a geographical indication which isregistered, or in respect of which an application for registration
has been made, under the Geographical Indications Act 2014 before
the date of the application for registration of the trade mark; and(b) the goods for which the trade mark is sought to be registered —(i) are identical or similar to the goods for which the geographicalindication is registered or for which registration of thegeographical indication is sought; and(ii) do not originate in the place indicated by the geographicalindication.
(12) Subsection (11) applies whether or not the trade mark has, oris accompanied by, an indication of the true geographical origin of
the goods, or an expression such as “kind”, “type”, “style”,“imitation” or the like, and irrespective of the language thegeographical indication is expressed in that trade mark.
(13) A trade mark must not be refused registration by virtue ofsubsection (11) if the application for its registration had been
made in good faith, or if it had been used continuously in good16

faith in the course of trade by the applicant for its registrationor the applicant’s predecessor in title, either —(a) before the date of the application for registration of thegeographical indication in question in Singapore; or(b) before the geographical indication in question became protected
in its country of origin.
(14) A trade mark must not be registered in the cases specified in
sections 56 and 57.
(15) The Minister may make rules to provide that a sign specified in
the rules must not be registered as a trade mark, or must not be so
registered unless such conditions as may be prescribed are met.
(16) A trade mark must not be registered if or to the extent thatthe registration contravenes any rule made under subsection (15).
8. Relative grounds for refusal of registration(1) A trade mark must not be registered if it is identical with anearlier trade mark and the goods or services for which the trade
mark is sought to be registered are identical with the goods orservices for which the earlier trade mark is protected.
(2) A trade mark must not be registered if, because —(a) it is identical with an earlier trade mark and is to beregistered for goods or services similar to those for which theearlier trade mark is protected; or(b) it is similar to an earlier trade mark and is to be registeredfor 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 madebefore 1 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 which are not similar
to those for which the earlier trade mark is protected,
the later trade mark must not be registered if —(c) the earlier trade mark is well known in Singapore;(d) 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
17

indicate a connection between those goods or services and the
proprietor of the earlier trade mark;(e) there exists a likelihood of confusion on the part of the public
because of such use; and(f) the interests of the proprietor of the earlier trade mark arelikely to be damaged by such use.
(4) Subject to subsection (5), where an application for registrationof a trade mark is made on or after 1 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 must 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 andthe proprietor of the earlier trade mark, and is likely to damage
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 theearlier trade mark.
(5) A trade mark must not be refused registration by virtue ofsubsection (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.
(6) In deciding whether any such application was made in bad faith,
it is relevant to consider whether the applicant had, at the time
the application was made, knowledge of, or reason to know of, theearlier trade mark.
(7) A trade mark must 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 passingoff) protecting an unregistered trade mark or other sign used in thecourse of trade; or(b) by virtue of an earlier right other than those referred to in18

subsections (1), (2) and (3) or paragraph (a), in particular byvirtue of the law of copyright or any law with regard to theprotection 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 or her 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 or her discretion, register any trade
mark mentioned in subsection (3), (4) or (7) where the proprietor of
the earlier trade mark or other earlier right fails to give noticeto the Registrar of opposition to the registration in accordancewith section 13.
(11) An earlier trade mark that is a registered trade mark whose
registration has expired must continue to be taken into account indetermining the registrability of the trade mark in question until
the date mentioned in subsection (12), unless the Registrar issatisfied that there was no bona fide use of the firstmentioned
trade mark during the 2 years immediately preceding that date.
(12) The date mentioned in subsection (11) is the last datespecified in this Act or rules made under this Act on which theregistration of the earlier trade mark may be restored or renewed.
(13) An earlier trade mark that is an international trade mark(Singapore), whose registration in the register of trade marks
maintained by the International Bureau for the purposes of the
Madrid Protocol is not renewed, must continue to be taken into
account in determining the registrability of the trade mark inquestion until the date mentioned in subsection (14), unless theRegistrar is satisfied that there was no bona fide use of thefirstmentioned trade mark during the 2 years immediately precedingthat date.
(14) The date mentioned in subsection (13) is the date the Registrar
receives the prescribed notice of non-renewal from the International
19

Bureau.
9. Raising of relative grounds in case of honest concurrent use(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 relation to which theconditions set out in section 8(1), (2) or (3) apply; or(b) that there is an earlier right in relation to which thecondition set out in section 8(7) is satisfied, but the applicant
shows to the satisfaction of the Registrar that there has beenhonest concurrent use in the course of trade in Singapore of the
trade mark for which registration is sought, the Registrar must notrefuse the application by reason of the earlier trade mark or otherearlier right unless objection on that ground is raised in
opposition proceedings by the proprietor of that earlier trade markor other earlier right.
(2) Nothing in this section affects —(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).
Priority
10. Claim to priority of Convention application(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 orservices;(b) that application is the first application for the registrationof the trade mark to be filed in any Convention country in respectof those goods or services (called in this section the first
Convention application);(c) within 6 months after the date on which the first Convention
application is filed, that person or that person’s successor intitle applies under this Act for the registration of the trade markin respect of all or any of those goods or services; and(d) that person or that person’s successor in title provides to theRegistrar in the manner specified by the Registrar any prescribed
information within a prescribed time, and provides to the Registrar
20any supporting document requested by the Registrar, within the time
specified by the Registrar,that person or that person’s successor in title may, when filing theapplication under this Act, claim a right of priority for theregistration 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.
(2) Where any person claims the right of priority mentioned insubsection (1), the person has priority from (and including) thedate on which the first Convention application was filed.
(3) Where the right of priority mentioned in subsection (1) isclaimed in respect of a trade mark, the registrability of the trade
mark is not affected 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.
(4) Any filing which in a Convention country is equivalent to aregular national filing, under its domestic legislation or aninternational agreement, is to be treated as giving rise to theright of priority.
(5) In subsection (4), “regular national filing” means a filingwhich is adequate to establish the date on which the application was
filed in the Convention country, whatever may be the subsequent fateof 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 Convention country, thesubsequent application is to be considered the first Convention
application if, at the date the subsequent application is filed —(a) the earlier application has been withdrawn, abandoned or
refused, without having been laid open to public inspection andwithout leaving any rights outstanding; and(b) the earlier application has not yet served as a basis forclaiming a right of priority.

21

(7) To avoid doubt, where subsection (6) applies —(a) the date on which the subsequent application was filed, rather
than that of the earlier application, is to be considered thestarting date of the period of priority under subsection (2); and(b) the earlier application may not thereafter serve as a basis forclaiming a right of priority.
(8) The Minister may make rules as to the manner of claiming
priority under this section.
(9) A right of priority arising under this section may be assigned
or otherwise transmitted, either with the application or
independently, and the reference in subsection (1) to theapplicant’s “successor in title” is to be construed accordingly.
11. Claim to priority from other relevant overseas application(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 reciprocal protectionof trade marks, a right to priority, for the purpose of registering
the same trade mark under this Act for some or all of the same goods
or services, for a specified period from the date of filing of thatapplication.
(2) An order under this section may make provision corresponding tothat set out in section 10 or such other provision as appears to the
Minister to be appropriate.
Registration procedure
12. Examination of application(1) The Registrar must examine whether an application forregistration of a trade mark satisfies the requirements of this Act(including any requirements imposed by rules made under this Act).
(2) For the purpose of subsection (1), the Registrar may carry out asearch, to such extent as the Registrar considers necessary, of
earlier trade marks.
(3) If it appears to the Registrar that the requirements for22

registration are not met or that additional information or evidence
is required to meet those requirements, the Registrar must informthe applicant and give the applicant an opportunity, within such
period as may be prescribed, to make representations, to amend theapplication or to provide the additional or any other information orevidence.
(4) If the applicant responds within the period mentioned in thissubsection or subsection (3) but fails to satisfy the Registrar thatthose requirements are met, or to amend the application or provide
the additional information or evidence so as to meet them, theRegistrar may —(a) refuse to accept the application;(b) accept the application but only in relation to the goods orservices for which —(i) registration is sought; and(ii) the requirements for registration have been met; or(c) give the applicant another opportunity within a prescribedperiod to make representations, to amend the application or toprovide the additional information or evidence.
(5) If the applicant fails to respond within the period mentioned insubsection (3) or (4)(c), the application, or the application
insofar as it relates to those goods or services for which
registration is sought but the requirements for registration havenot been met, is treated as withdrawn, but the Registrar must accept
the application in relation to those goods and services for which
registration is sought and the requirements for registration havebeen met.
(6) If it appears to the Registrar that the requirements forregistration in relation to all of the goods or services for which
registration is sought are met, the Registrar must accept theapplication.
13. Publication and opposition proceedings(1) When an application for registration has been accepted, theRegistrar must cause the application to be published in theprescribed manner.
(2) Any person may, within the prescribed time from the date of the23

publication of the application, give notice to the Registrar of theperson’s opposition to the registration.
(3) The notice must be given in writing in the prescribed manner,and must include a statement of the grounds of opposition and suchother matter as may be prescribed.
(4) The Minister may make rules to provide for opposition
proceedings and for matters relating thereto.
(5) In this section and sections 15, 16 and 17, a reference to an
application for the registration of a trade mark that has been
accepted includes an application that is accepted under section
12(4) or (5) in relation to only some of the goods or services forwhich the registration is sought.
14. Withdrawal, restriction or amendment of application(1) The applicant may at any time withdraw the applicant’s
application or restrict the goods or services covered by theapplication.
(2) If the application has been published, the withdrawal or
restriction must also be published.
(3) In other respects, an application may be amended, at the requestof the applicant, only by amending —(a) the name or other particular of the applicant;(b) errors of wording or of copying; or(c) obvious mistakes,
and then only where the amendment does not substantially affect theidentity of the trade mark or extend the goods or services coveredby the application.
(4) Subsection (3) is subject to the rules mentioned in section
108(2)(ea).
15. Registration(1) Where an application has been accepted and —(a) no notice of opposition is given within the period referred toin section 13(2); or(b) all opposition proceedings are withdrawn or decided in favour of24the applicant,the Registrar must register the trade mark in relation to the goods
or services for which the application has been accepted.
(2) A trade mark when registered is registered as of the date of theapplication for registration, and that date is deemed for the
purposes of this Act to be the date of registration.
(3) On the registration of a trade mark, the Registrar must issue tothe applicant a certificate of registration.
16. Revocation of acceptance(1) Despite section 15(1), if, before a trade mark is registered,
the Registrar is satisfied —(a) that the application for registration of the trade mark was
accepted because of an error or omission in the course of theexamination; or(b) that, in the special circumstances of the case, the trade markshould not be registered,
the Registrar may revoke the acceptance of the application.
(2) If the Registrar revokes the acceptance —the application is taken to have never been accepted; andsection 12 again applies in relation to the application.
Series of trade marks
17. Registration of series of trade marks(1) A person may make a single application under section 5 for theregistration of a series of trade marks.
(2) For the purposes of this Act, “series of trade marks” means anumber of trade marks which resemble each other as to their material
particulars and which differ only as to matters of a non-distinctive
character not substantially affecting the identity of the trade
mark.
(3) If the Registrar is satisfied that the trade marks in question
are a series of trade marks and accepts the application, and theRegistrar is required under section 15 to register the trade marks,
the Registrar must register them as a series in one registration.
25

Duration, renewal and alteration of registered trade mark18. Duration of registration(1) A trade mark is registered for a period of 10 years from thedate of registration.
(2) Registration may be renewed in accordance with section 19 forfurther periods of 10 years.
19. Renewal of registration(1) The registration of a trade mark may be renewed at the requestof the proprietor, subject to payment of the fee mentioned insubsection (4) or the fees mentioned in subsection (5), as the casemay be.
(2) The Minister may make rules for the Registrar to inform the
proprietor of a registered trade mark, before the expiry of theregistration, of the date of expiry and the manner in which theregistration may be renewed.
(3) A request for renewal must be made not earlier than theprescribed period before the date of expiry of the registration, andnot later than another prescribed period after that date.
(4) Where the request for renewal is made on or before the date of
expiry of the registration, the fee payable is the prescribedrenewal fee.
(5) Where the request for renewal is made within the secondmentioned prescribed period in subsection (3) after the date of
expiry of the registration, the fees payable are the prescribedrenewal fee and the prescribed late renewal fee.
(6) Renewal takes effect from the expiry of the previous
registration.
(7) If the registration is not renewed in accordance with thissection and the rules mentioned in subsection (2), the Registrar
must remove the trade mark from the register.

26

(8) The Minister may make rules to provide for the restoration of
the registration of a trade mark which has been removed from theregister, subject to such conditions (if any) as may be prescribed.
20. Alteration of registered trade mark(1) Subject to subsection (2), a registered trade mark must not bealtered in the register, either during the period of registration or
on renewal.
(2) The Registrar may, at the request of the proprietor, allow thealteration of a registered trade mark where the mark includes the
proprietor’s name or address and the alteration is limited toalteration of that name or address and does not substantially affectthe identity of the mark.
(3) The Minister may make rules for the publication of any suchalteration and the making of objections by any person claiming to beaffected by it.
Cancellation, revocation and invalidity
21. Cancellation of registered trade mark(1) A registered trade mark may be cancelled by the proprietor in
respect of some or all of the goods or services for which it isregistered.
(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.
22. Revocation of registration(1) The registration of a trade mark may be revoked on any of thefollowing grounds:(a) that, within the period of 5 years following the date ofcompletion of the registration procedure, it has not been put togenuine use in the course of trade in Singapore, by the proprietor
or with the proprietor’s consent, in relation to the goods orservices for which it is registered, and there are no proper reasonsfor non-use;(b) that such use has been suspended for an uninterrupted period of27

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;(d) that, in consequence of the use made of it by the proprietor orwith the proprietor’s 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 character 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
Singapore solely for export purposes.
(3) The registration of a trade mark must 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 the application forrevocation 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 must be
disregarded unless preparations for the 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 –the Registrar may at any stage of the proceedings refer theapplication 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 must relate to those goods or services only.
28

(7) Where the registration of a trade mark is revoked to any extent,
the rights of the proprietor are 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 that the grounds forrevocation existed at an earlier date, that date.
23. Grounds for invalidity of registration(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 ofsection 7 in that it is a trade mark mentioned in subsection (1)(b),(c) or (d) of that section, it must not be declared invalid if, inconsequence of the use which has been made of it, it has after
registration acquired a distinctive character in relation to thegoods 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 trade mark in relation to which —(i) the conditions set out in section 8(1) or (2) apply;(ii) where the trade mark has been registered pursuant to an
application for registration of the trade mark madebefore 1 July 2004 - the conditions set out in section 8(3) apply;or(iii) where the trade mark has been registered pursuant to an
application for registration of the trade mark made on orafter 1 July 2004 - the conditions set out in section 8(4) apply; or(b) that there is an earlier right in relation to which thecondition set out in section 8(7) is satisfied, unless the
proprietor of that earlier trade mark or other earlier right hasconsented to the registration.
(4) The registration of a trade mark may be declared 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 may be made by
any person, and may be made either to the Registrar or to the Court,
29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 –the Registrar may at any stage of the proceedings refer theapplication to the Court.
(6) An application for a declaration of invalidity of theregistration of a trade mark on the ground that it was in breach ofsection 7(7) must 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 the person’s predecessor in title
has become generally known in Singapore, whichever is the earlier,unless the applicant shows that the registration of the trade mark
was applied for in bad faith.
(7) An application for a declaration of invalidity of theregistration 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) must not be made after the expiry of 5 years from 1st July 2004or the date of completion of the registration procedure, whicheveris the 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(b) must not be granted if the registration of the later trade mark
was applied for before the earlier trade mark became well known in
Singapore, unless the applicant for the declaration shows that theregistration of the later trade mark was applied for in bad faith.
(8) In deciding whether the registration of the later trade mark wasapplied for in bad faith, it is relevant to consider whether theapplicant for the registration of the later trade mark had, at thetime the applicant’s application was made, knowledge of, or reason
to know of, the earlier trade mark.
(9) Where the ground of invalidity exists in respect of only some of
the goods or services for which the trade mark is registered, thetrade mark must be declared invalid as regards those goods or30

services only.
(10) Where the registration of a trade mark is declared invalid toany extent, the registration is to that extent be deemed never tohave been made, but this does not affect transactions past andclosed.
24. Effect of acquiescence(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 cease to be any entitlement on thebasis of that earlier trade mark or other right —(a) to apply for a declaration that the registration of the later
trade mark is invalid; or(b) to oppose the use of the later trade mark in relation to thegoods or services in relation to which it has been so used,
unless the registration of the later trade mark was applied for inbad faith.
(2) Where subsection (1) applies, the proprietor of the later trade
mark is not entitled to oppose the use of the earlier trade mark or( as the case may be ) the exploitation of the earlier right, eventhought the earlier trade mark or right may no longer be invokedagainst the proprietor’s later trade mark.
(3) For the purposes of subsection (1), in deciding whether theregistration of the later trade mark was applied for in bad faith,
it shall be relevant to consider whether the applicant for theregistration of the later trade mark had, at the time theapplicant’s application was made, knowledge of, or reason to knowof, the earlier trade mark or other right.
Miscellaneous
25. Amendment of other documents(1) The Registrar may, at the written request of the person who hasmade an application (other than an application for the registrationof a trade mark), or filed a notice or other document for the
purposes of this Act, or at the written request of the person’s
agent, amend the application, notice or document —31

(a) to correct a clerical error or an obvious mistake; or(b) if the Registrar is of the opinion that it is fair andreasonable in all the circumstances of the case to do so.
(2) Subsection (1) is subject to the rules mentioned in section
108(2)(ea).

32PART 3 RIGHTS AND REMEDIES OF PROPRIETOR OF REGISTERED TRADE MARK
Rights of proprietor of registered trade mark26. Rights conferred by registered trade mark(1) The proprietor of a registered trade 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 which the trade mark is registered.
(2) The proprietor has the right to obtain relief under this Act for
infringement of the proprietor’s trade mark.
(3) The acts amounting to infringement of a registered trade markare set out in section 27, and references in this Act to theinfringement of a registered trade mark are to be construed
accordingly.
(4) The rights accrue to the proprietor as from the date ofregistration of the trade mark, except that —(a) no infringement proceedings may be begun before the dateon which the trade mark is in fact registered; and(b) no offence under section 46, 47, 48 or 49 is committed byanything done before the date on which the trade mark is in fact
registered.
(5) If the trade mark is registered subject to any disclaimer orlimitation, the rights of the proprietor are restricted by thedisclaimer or limitation.
27. Acts amounting to infringement of registered trade mark(1) A person infringes a registered trade mark if, without theconsent of the proprietor of the trade mark, the person uses in thecourse of trade a sign which is identical with the trade mark in
relation to goods or services which are identical with those forwhich it is registered.
(2) A person infringes a registered trade mark if, without theconsent of the proprietor of the trade mark, the person uses in thecourse of trade a sign where because —33

(a) the sign is identical with the trade mark and is used inrelation 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 which thetrade 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 knownin Singapore if —(a) without the consent of the proprietor of the trade mark, theperson uses in the course of trade a sign which is identical with orsimilar 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 suchuse.
(4) For the purposes of this section and sections 28, 29 and 31, aperson uses a sign if, in particular, the person —(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, catalogue, business
letter, business paper, price list or other commercial document,
including any such document in any medium; or(e) uses the sign in advertising.
(5) Despite subsection (4), a person who —(a) applies a sign to any material used or intended to be used
for labelling or packaging goods; or(b) uses a sign on any document described in subsection (4)(d) or inadvertising,is deemed not to use the sign if, at the time of such application oruse, the person does not know nor have reason to believe that the34

proprietor or a licensee of the registered trade mark did notconsent to such application or use of the sign.
28. Acts not amounting to infringement(1) Despite section 27, a person does not infringe a registeredtrade mark when —(a) the person uses —(i) the person’s name or the name of the person’s place of business;or(ii) the name of the person’s predecessor in business or the nameof the person’s predecessor’s place of business;(b) the person’s 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 ofservices; or(c) the person uses the trade mark to indicate the intended purposeof goods (in particular as accessories or spare parts) or services,and such use is in accordance with honest practices in industrial orcommercial matters.
(2) Despite section 27, a person does not infringe a registeredtrade mark by using an unregistered trade mark that is identicalwith or similar to the registered trade mark in relation to goods orservices identical with or similar to those for which the trade markis registered if the person, or the person and the person’spredecessor in title, have continuously used in the course of tradethe 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 trade mark, or apredecessor 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) Despite section 27, a registered trade mark is not infringed by
the use of another registered trade mark in relation to goods orservices for which the latter is registered.
(4) Despite section 27, a person who uses a registered trade markdoes not infringe the trade mark if such use —35

(a) constitutes fair use in comparative commercial advertisingor promotion;(b) is for a non-commercial purpose; or(c) is for the purpose of news reporting or news commentary.
29. Exhaustion of rights conferred by registered trade mark(1) Despite 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 withthe proprietor’s express or implied consent (conditional orotherwise).
(2) Subsection (1) does 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 characterof the registered trade mark.
30. Registration subject to disclaimer or limitation(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 registration are
subject to a specified territorial or other limitation.
(2) Where the registration of a trade mark is subject to adisclaimer or limitation, the rights conferred by section 26 are
restricted accordingly.
(3) The Minister may make rules as to the publication and entry in
the register of a disclaimer or limitation.
Infringement proceedings
31. Action for infringement(1) An infringement of a registered trade mark is actionable by the
proprietor of the trade mark.

36

(2) Subject to the provisions of this Act, in an action for an
infringement, the 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;(c) an account of profits;(d) in any case to which subsection (5) applies, statutory damages
under subsection (5)(c).
(3) When the Court awards any damages under subsection (2)(b), theCourt may also make an order under subsection (2)(c) for an accountof any profits attributable to the infringement that have not beentaken into account in computing the damages.
(4) Except as provided for in subsection (3), the types of relief
referred to in paragraphs (b), (c) and (d) of subsection (2) aremutually exclusive.
(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 claiment is entitled, atplaintiff’s election, to —(a) damages and an account of any profits attributable to theinfringement that have not been taken into account in computing thedamages;(b) an account of profits; or(c) statutory damages —(i) not exceeding $100,000 for each type of goods or service inrelation to which the counterfeit trade mark has been used; and(ii) not exceeding in the aggregate $1 million, unless the claimentproves that the plaintiff’s actual loss from such infringement
exceeds $1 million.
(6) In awarding statutory damages under subsection (5)(c), the Court
is to have regard to —(a) the flagrancy of the infringement of the registered trade
mark;(b) any loss that the claimant has suffered or is likely to suffer
by reason of the infringement;(c) any benefit shown to have accrued to the defendant by reason of37

the infringement;(d) the need to deter other similar instances of infringement; and(e) all other relevant matters.
32. Order for erasure, etc., of offending sign
(1) Subject to subsection (3), where a person is found to haveinfringed a registered trade mark, the Court may make an order
requiring the person —(a) to cause the offending sign to be erased, removed or obliterated
from any infringing goods, material or articles in the person’s
possession, custody or control; or(b) if it is not reasonably practicable for the offending sign to beerased, removed or obliterated, to secure the destruction of theinfringing goods, material or articles in question.
(2) If an order under subsection (1) is not complied with, 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 Court may direct forerasure, 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 the person’s possession, custody or control any
counterfeit goods, the Court is to order that the counterfeit goods
be delivered up to such person as the Court may direct for
destruction if —(a) the claimant applies to the Court for such an order; and(b) the Court is of the view that there are no exceptional
circumstances which justify the refusal of such an order.
33. Order for delivery up of infringing goods, material or articles(1) The Court may, in addition to any relief granted under sections
31 and 32 in any action for an infringement of a registered trademark, order any infringing goods, material or articles in thepossession of the defendant or before the Court to be delivered up
to the claimant.
(2) An order is not to be made under this section unless the Court
also makes, or it appears to the Court that there are grounds formaking, an order under section 34.
38

(3) A person to whom any infringing goods, material or articles aredelivered up pursuant to an order under this section must, if anorder under section 34 is not made, retain them pending the makingof an order, or the decision not to make an order, under that
section.
34. Order as to disposal of infringing goods, material or articles(1) Where infringing goods, material or articles have been delivered
up in pursuant to an order under section 33, an application may bemade to the Court —(a) for an order that they be destroyed or forfeited to such
person as the Court may think fit; or(b) for a decision that no such order should be made.
(2) In considering what order (if any) should be made, the Court isto have regard to —(a) whether other remedies available in an action for infringementof the registered trade mark would be adequate to compensate theclaimant and protect the interest of the claimant; and(b) the need to ensure that no infringing goods, material or
articles are disposed of in a manner that would adversely affect theclaimant.
(3) Despite subsection (2), where the infringing goods arecounterfeit goods, the Court is to order that the goods be destroyed
if —(a) the claimant applies to the Court for such an order; and(b) the Court is of the view that there are no exceptional
circumstances which justify the refusal of such an order.
(4) The Court is to issue directions as to the service of notice on
persons having an interest in the goods, material or articles.
(5) Any person having an interest in the 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.

39

(6) An order made under this section does not take effect until theend 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 abandonment of the proceedings on
the appeal.
(7) Subject to subsection (3), where there is more than one person
interested in the goods, material or articles, the Court may directthat the goods, material or articles be sold, or otherwise dealt
with, and the proceeds divided, and is to make any other order as it
thinks just.
(8) If the Court decides that no order should be made under thissection, the person in whose possession, custody or control the
goods, material or articles were before being delivered up, isentitled to their return.
35. Remedy for groundless threats of infringement proceedings(1) Where a person threatens another with proceedings forinfringement of a registered trade mark other than —(a) the application of the mark to goods or to material used orintended 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(c) the supply of services under the mark, any aggrieved person may
bring proceedings 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 the person has sustained by thethreats.
(3) The claimant is entitled to the relief mentioned in subsection(2) unless the defendant shows that the acts in respect of which
proceedings 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 claimant40

is nevertheless entitled to relief if the claimant shows that theregistration of the trade mark is invalid or liable to be revoked ina relevant respect.
(5) The mere notification that a trade mark is registered, or thatan application for registration has been made, does not constitute a
threat of proceedings for the purposes of this section.
(6) Nothing in this section render an advocate and solicitor liable
to an action under this section in respect of an act done by him or
her in his or her professional capacity on behalf of a client.

41

PART 4 REGISTERED TRADE MARK AS OBJECT OF PROPERTY
36. Nature of registered trade markA registered trade mark is personal property.
37. Co-ownership of registered trade mark(1) Where a registered trade mark is granted to 2 or more persons
jointly, each of them is entitled, subject to any agreement to thecontrary, to an equal undivided share in the registered trade mark.
(2) Subsections (3) to (8) apply where 2 or more persons are coproprietors of a registered trade mark, by virtue of subsection (1)or otherwise.
(3) Subject to any agreement to the contrary, each co-proprietor isentitled, by himself, herself or itself or the co-proprietor’s
agents, to do for the co-proprietor’s own benefit and without theconsent of or the need to account to the other or others, any act
which would otherwise amount to an infringement of the registeredtrade mark.
(4) One co-proprietor may not, without the consent of the other orothers —(a) grant a licence to use the registered trade mark; or(b) assign or charge that co-proprietor’s share in the registeredtrade mark.
(5) Infringement proceedings may be brought by any co-proprietor,
but the co-proprietor may not, without the permission of the Court,
proceed with the action unless the other, or each of the others, iseither joined as a claimant or added as a defendant.
(6) A co-proprietor who is added as a defendant under subsection (5)is not to be made liable for any costs in the action unless that coproprietor takes part in the proceedings.
(7) Nothing in subsection (5) affects the granting of interlocutory
relief on the application of a single co-proprietor.
(8) Nothing in this section affects the mutual rights andobligations of trustees or personal representatives, or their rights
42and obligations as such.
38. Assignment, etc., of registered trade mark(1) A registered trade mark is assignable and transmissible in thesame way as other personal or movable property, and is so assignable
or transmissible either in connection with the goodwill of abusiness or independently.
(2) An assignment or transmission of a registered trade mark may bepartial, 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 where the assignor or
personal representative is a body corporate by the affixing of its
seal.
(5) Subsections (1) to (4) 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 thesame way as other personal or movable property.
(7) Nothing in this Act is to be construed as affecting theassignment or transmission of an unregistered trade mark as part of
the goodwill of a business.
39. Registration of transactions affecting registered trade mark(1) On application being made to the Registrar by —(a) a person claiming to be entitled to an interest in or under aregistered trade mark by virtue of a registrable transaction; or(b) any other person claiming to be affected by such a transaction,
the prescribed particulars of the transaction must be entered in theregister.
(2) The following are registrable transactions under subsection (1):(a) an assignment of a registered trade mark or any right in it;
43

(b) the grant of a licence under a registered trade mark;(c) the granting of any security interest (whether fixed or
floating) over a registered trade mark or any right in or under it;(d) the making by personal representatives of an assent in relation
to a registered trade mark or any right in or under it;(e) an order of the Court or other competent authority transferringa registered trade mark or any right in or under it.
(3) Until an application has been made for the registration of theprescribed particulars of a registrable transaction mentioned insubsection (2)(a), (c), (d) or (e), the transaction is ineffective
as against a person acquiring a conflicting interest in or under theregistered trade mark in ignorance of the transaction.
(4) A person who becomes the proprietor of a registered trade markby virtue of any registrable transaction mentioned 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 thedate of the transaction and before the date of the application for
the registration of the prescribed particulars of the transaction.
(5) To avoid doubt, subsections (3) and (4) do 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.
(6) Provision may be made by rules as to —(a) the amendment of registered particulars relating 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 particulars that thelicence 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 or her
intention to remove the particulars from the register.
(7) Provision may also be made by rules as to the 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
44entitled to the benefit of that interest.
40. Trusts and equities(1) No notice of any implied or constructive trust is to be enteredin the register, and the Registrar is not to be affected by any such
notice.
(2) A notice of an express trust or of the beneficiary of an express
trust, or both, may be entered in the register; but —(a) the Registrar is not to be affected by any such notice in theregister; and(b) to avoid doubt, a failure to enter such notice in the register
does not affect any rights or duties under the trust.
(3) Subject to the provisions of this Act, equities in respect of aregistered trade mark may be enforced in like manner as in respectof other personal or movable property.
41. Application for registration of trade mark as object of property(1) The provisions of sections 36, 37, 38 and 40 apply, with thenecessary modifications, in relation to an application for theregistration of a trade mark as they apply in relation to aregistered trade mark.
(2) For the purposes of subsection (1), the reference in section
37(1) to the granting of a registration is to be construed as areference 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 application forregistration 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 prescribed particulars of the transaction.
(4) The following are registrable transactions under subsection (3):(a) an assignment of an application for registration of a trade
mark or any right in it;(b) the grant of a license under an application for registration ofa trade mark;45

(c) the granting of any security interest (whether 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 inor 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 must maintain a record of each notice given to theRegistrar under subsection (3).
(6) Until the notice mentioned in subsection (3) has been given to
the Registrar in respect of a transaction mentioned in subsection(4)(a), (c), (d) or (e), the transaction is ineffective as against aperson acquiring a conflicting interest in or under the application
for registration of a trade mark in ignorance of the transaction.
(7) To avoid doubt, subsection (6) does not apply to any registrable
transaction relating to —(a) a license under an application for registration of a trade
mark; or(b) any right in or under the license.
(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 license under an application forregistration of a trade mark, notice of which has been given to theRegistrar under subsection (3), so as to reflect any alteration of
the terms of the license; and(b) the removal from the records maintained by the Registrar of theparticulars of a grant of a license under an application forregistration of a trade mark, notice of which has been given to theRegistrar under subsection (3) —(i) where it appears from the particulars that the license 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 or her
intention to remove the particulars from the records.

46

(9) Provision may also be made by rules as to the amendment of therecord maintained by the Registrar relating to, or the removal fromthe records maintained by the Registrar of, the particulars of the
granting of a security interest over an application for registrationof a trade mark on the application of, or with the consent of, theperson entitled to the benefit of that interest.

47

PART 5 LICENSING
42. Licensing of registered trade mark(1) A license to use a registered trade mark may be general or
limited.
(2) A limited license 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 license is not effective unless it is in writing signed by oron behalf of the grantor.
(4) Subsection (3) may be satisfied in a case where the grantor is abody corporate by the affixing of its seal.
(5) Subject to subsection (7), a license to use a registered trade
mark is binding on every successor in title to the grantor’sinterest —(a) except any person who, in good faith and without any notice(actual or constructive) of the license, has given valuable
consideration for the interest in the registered trade mark; or(b) unless the license provides otherwise, and any reference in thisAct to doing anything with, or without, the consent of the
proprietor of a registered trade mark is to be construed
accordingly.
(6) Every person is deemed to have notice of a license if theprescribed particulars of the grant of the license are entered in
the register under section 39(1).
(7) Where an application under section 39(1) is made before 1st July
2004 to register the prescribed particulars of the grant of alicense, then, unless the license provides otherwise, the license isbinding on every successor in title to the grantor’s interest.
(8) Where the license so provides, a sub-license may be granted by
the licensee; and references in this Act to a license or licensee
include references to a sub-license or sub-licensee.

4843. Exclusive licences(1) In this Act, an “exclusive license” means a license (whether
general or limited) authorising the licensee to the exclusion of allother persons, including the person granting the license, to use aregistered trade mark in the manner authorised by the license, andthe expression “exclusive licensee” is to be construed accordingly.
(2) Section 42 applies, with the necessary modifications, to an
exclusive license.
44. General provisions as to rights of licensees in case of
infringement(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 theextent that, by virtue of section 45(1), the licensee has a right tobring proceedings in the licensee’s own name.
(3) A licensee is entitled, unless the licensee’s license, or any
license through which the licensee’s interest is derived, provides
otherwise, to call on the proprietor of the registered trade mark totake infringement proceedings in respect of any matter which affects
the licensee’s interests.
(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 the licensee’s own name as
if the licensee were the proprietor.
(5) Where infringement proceedings are brought by a licensee by
virtue of this section, the licensee may not, without the permissionof the Court, proceed with the action unless the proprietor iseither joined as a claimant 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) is
not to be made liable for any costs in the action unless the49proprietor takes part in the proceedings.
(8) In infringement proceedings brought by the proprietor of aregistered trade mark, any loss suffered or likely to be suffered bylicensees must be taken into account.
(9) The Court may give such directions as it thinks fit as to theextent to which the claimant is to hold the proceeds of any
pecuniary remedy on behalf of licensees.
(10) The provisions of this section apply in relation to an
exclusive licensee if or to the extent that the exclusive licensee
has, by virtue of section 45(1), the rights and remedies of anassignee as if the exclusive licensee were the proprietor of theregistered trade mark.
45. Exclusive licensee having rights and remedies of assignee(1) An exclusive license may provide that the licensee shall have,to such extent as may be provided by the license, the same rights
and remedies in respect of matters occurring after the grant of thelicense as if the license had been an assignment.
(2) Where or to the extent that the provision referred to in
subsection (1) is made, the licensee is entitled, subject to theprovisions of the license and to the provisions of this section, tobring infringement proceedings, against any person other than the
proprietor, in the licensee’s own name.
(3) Any such rights and remedies of an exclusive licensee areconcurrent with those of the proprietor of the registered trademark, and references to the proprietor of a registered trade mark in
the provisions of this Act relating to infringement are to beconstrued accordingly.
(4) In an action brought by an exclusive licensee by virtue of thissection, a defendant may avail himself, herself or itself of any
defence which would have been available to the defendant if theaction had been brought by the proprietor of the registered trademark.
(5) Where the proprietor or an exclusive licensee of a registered50

trade mark brings proceedings for any infringement of the trade markin respect of which the proprietor and the exclusive licensee haveconcurrent rights of action, the proprietor or the exclusive
licensee (as the case may be) need not —(a) join the other as a claimant; or(b) add the other as a defendant, unless the Court otherwise orders.
(6) A person who is added as a defendant as mentioned in subsection(5) is not to be made liable for any costs in the action unless the
person takes part in the proceedings.
(7) Where an action for infringement of a registered trade mark isbrought which relates wholly or partly to an infringement in respectof which the proprietor and an exclusive licensee have or had
concurrent rights of action —(a) the Court is, when assessing damages, ordering an account of
profits or awarding statutory damages under section 31(5)(c), totake into account —(i) the terms of the license; and(ii) any pecuniary remedy already awarded or available to either ofthem 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 ofthem according to the losses suffered or likely to be suffered by
the person as a result of the infringement; or(ii) apportion between them the profits due to each of themaccording to what is attributable to the infringement of theperson’s rights.
(8) Subsection (7) applies apply whether or not the proprietor andthe 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 party 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 license.
(10) The provisions of subsections (5) to (9) have effect subject toany agreement to the contrary between the exclusive licensee and the
proprietor.
51

PART 6 OFFENCESCounterfeiting a trade mark46. Counterfeiting a trade mark(1) Any person who counterfeits a registered trade mark shall be
guilty of an offence and shall be liable on conviction to a fine notexceeding $100,000 or to imprisonment for a term not exceeding 5
years or to both.
(2) A person who —(a) makes a sign identical to or so nearly resembling a registeredtrade mark as to be calculated to deceive; or(b) falsifies a genuine registered trade mark, whether byalteration, addition, effacement, partial removal or otherwise,
without the consent of the proprietor of the registered trade markis deemed to counterfeit a registered trade mark.
(3) In a prosecution under this section, the burden of proving theconsent of the proprietor lies on the accused.
47. Falsely applying a registered trade mark to goods or services(1) Any person who falsely applies a registered trade mark to goods
or services shall, unless the person proves that the person acted
innocently, be guilty of an offence and shall be liable onconviction to a fine not exceeding $100,000 or to imprisonment for aterm not exceeding 5 years or to both.
(2) For the purposes of this section and sections 49, 53 and 53A, aperson falsely applies a registered trade mark to goods or services
if —(a) without the consent of the proprietor of the registered trademark, 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 thegenuine goods of the proprietor or licensee of the registered trade
mark.
(3) For the purposes of subsection (2), a trade mark is deemed to be
applied to goods or services if it is used in —(a) any sign or advertisement; or52

(b) any invoice, wine list, catalogue, business letter, businesspaper, price list or other commercial document, including any such
document in any medium,and the goods are delivered, or services provided (as the case maybe) to a person pursuant to a request or order made by reference tothe trade mark as so used.
(4) For the purposes of subsection (2) —(a) a sign is deemed to be applied to goods if —(i) it is applied to the goods themselves; or(ii) it is applied to any covering, label, reel or thing in or withwhich the goods are sold, offered or exposed for sale or had inpossession for a purpose of trade or manufacture; and(b) a sign is deemed to be applied to goods or services if it isused in a manner that is likely to lead persons to believe that it
refers to, describes or designates the goods or services.
(5) In subsection (4) —“covering” includes any stopper, glass, bottle, vessel, box,
capsule, case, frame or wrapper; “label” includes any band or
ticket.
(6) In a prosecution under this section or section 49, the burden ofproving the consent of the proprietor lies on the accused.
48. Making or possessing of article for committing offence
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 mistaken
for that trade mark; or(b) has such an article in the person’s possession, custody orcontrol, 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 imprisonment
for a term not exceeding 5 years or to both.
49. Importing or selling, etc., goods with falsely applied trademark
Any person who —(a) imports into Singapore for the purpose of trade or53manufacture;(b) sells or offers or exposes for sale; or(c) has in the person’s possession for the purpose of trade or
manufacture,
any goods to which a registered trade mark is falsely applied shall,unless the person proves that —(d) having taken all reasonable precautions against committing an
offence under this section, the person had, at the time of thecommission of the alleged offence, no reason to suspect thegenuineness of the mark and on demand made by or on behalf of theprosecution, the person gave all the information in the person’s
power with respect to the persons from whom the person obtained thegoods; or(e) the person had acted innocently,
be guilty of an offence and shall be liable on conviction to a finenot exceeding $10,000 for each goods or thing to which the trade
mark is falsely applied (but not exceeding in the aggregate$100,000) or to imprisonment for a term not exceeding 5 years or toboth.
50. Falsification of register, etc.
Any person who —(a) makes, or causes to be made, a false entry in the register;(b) makes, or causes to be made, anything false purporting to
be a copy of an entry in the register; or(c) produces or tenders or causes to be produced or tendered inevidence anything mentioned in paragraph (b),knowing or having reason to believe that the entry or thing (as thecase 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.
51. Falsely representing trade mark as registered(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 forwhich a trade mark is registered, knowing or having reason tobelieve that the representation is false shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding$10,000.

54

(2) For the purposes of this section, the use in the course of tradein Singapore in relation to a trade mark of —(a) the word “registered”; or(b) any other word or symbol importing a reference (express or
implied) to registration,
is deemed to be a representation as to registration under this Act
unless it is shown that the reference is to registration elsewhere
than in Singapore and that the trade mark is in fact so registered
for the goods or services in question.
52. Representation on trademarks of Arms or Flags prohibited, etc.
(1) Any person who causes or permits to appear on a trade mark usedby the person for the purposes of the person’s trade any
representation of the Arms or the Flag of Singapore, or of any arms
or devices likely to be mistaken for them, shall, unless such trade
mark is authorised to be used by order of the President, be guiltyof 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 the person’s possession for the purpose of trade or
manufacture, any goods or things to which a trade mark bearing any
representation prohibited by subsection (1) is applied shall be
guilty of an offence.
(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 shallforfeit to the Government any goods or things to which the trade
mark bearing the prohibited representation is applied.
53. Forfeiture and destruction of goods, etc., on conviction(1) Subject to subsection (2), where any person has been convictedof an offence under any provision of this Part, the court may, where
it considers appropriate, order the person to forfeit to theGovernment all or any —(a) goods in relation to which; or(b) articles by means of which, the offence was committed.
(2) Where any person has been convicted of an offence under section55

47 or 49 in relation to a registered trade mark, the court is,unless it is of the view that there are exceptional circumstances
for deciding otherwise, to order to be forfeited to the Governmentand 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 mark or sign giving
rise to the false application of the trade mark.
(3) Any —(a) forfeiture of goods or articles under subsection (1); or(b) forfeiture and destruction of goods under subsection (2),is in addition to any penalty or punishment that the court may
impose for the offence committed.
53A. Enforcement measures(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 having, in the person’s
possession for the purpose of trade or manufacture, any goods towhich a registered trade mark is falsely applied.
(2) Any authorised officer may, without a warrant issued undersubsection (3) —(a) stop, search and board, whether forcibly or otherwise, any
conveyance in which the authorised officer reasonably suspects there
are goods to which a registered trade mark has been falsely applied;and(b) seize, remove or detain any such goods and anything whichappears to the authorised officer —(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.
(3) If information is given upon oath to a court that there isreasonable cause for suspecting that there is in any premises orconveyance —(a) any goods which are the subject of an offence under section 46,
56

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 subject to suchconditions as the court thinks fit, a warrant authorising a police
officer to enter and search the premises or conveyance for any
goods, 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 orconveyance.
(4) If any goods, material, article or document has been seizedunder 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 ordocument; or(ii) in the case of any goods or article mentioned in
section 53, under section 53(1) or (2); or(b) no such proceedings are instituted within 6 months of theseizure,the goods, material, article or document must be returned to theperson in whose possession it was when it was seized or, if it is
not reasonably practicable to return it to that person, must be
disposed of in accordance with the law regulating the disposal oflost or unclaimed property in the hands of police authorities.
(5) No action or other legal proceeding shall lie against theGovernment or any officer or employee thereof for anything which isin good faith done or omitted to be done in the exercise of any
power, duty or function under this section.
(6) In this section —“authorised officer” means —(a) a police officer;(b) an officer of customs as defined in the Customs Act1960;(c) an immigration officer as defined in the Immigration Act1959; or(d) any officer or class or description of officers appointed by the
Minister by notification in the Gazette to exercise the powers and57

perform the duties conferred and imposed on an authorised officer by
this section;“conveyance” includes any vehicle, vessel, train or aircraft inwhich persons or goods can be carried;“document” means anything in which information of any description isrecorded; “premises” includes any land, building or structure.

58

PART 7 INTERNATIONAL MATTERS
The Madrid Protocol, etc.
54. Power to make provision giving effect to Madrid Protocol, etc.
(1) The Minister may make rules to give effect in Singapore to theprovisions 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 Registry receives fromthe International Bureau or anybody 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 ofapplications for international registrations, extensions ofprotection and renewals.
(3) Provision may also be made in the rules to apply in relation to
an international trade mark (Singapore) the provisions of section 35
and Parts 6 and 10.
The Paris Convention, the TRIPS Agreement and well known trademarks:
supplementary provisions
55. Protection of well-known trade marks(1) A well-known trade mark is entitled to protection under thissection —(a) whether or not the trade mark has been registered in Singapore,or an application for the registration of the trade mark has been59

made to the Registrar; and(b) whether or not the proprietor of the trade mark carries on
business, or has any goodwill, in Singapore.
(2) Subject to subsections (6) and (7), the proprietor of a wellknown trade mark is entitled to restrain by injunction the use in
Singapore, in the course of trade and without the proprietor’sconsent, of any trade mark which, or an essential part of which, isidentical with or similar to the proprietor’s trade mark, inrelation to identical or similar goods or services, where the use islikely to cause confusion.
(3) Subject to subsections (6) and (7), the proprietor of a wellknown trade mark is entitled to restrain by injunction the use in
Singapore, in the course of trade and without the proprietor’sconsent, of any trade mark which, or an essential part of which, isidentical with or similar to the proprietor’s trade mark, inrelation to any goods or services, where the use of the trade mark —(a) would indicate a connection between those goods or services andthe 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 atlarge in Singapore —(i) would cause dilution in an unfair manner of the distinctive
character of the proprietor’s trade mark; or(ii) would take unfair advantage of the distinctive
character of the proprietor’s trade mark.
(4) Subject to subsections (6) and (7), the proprietor of a wellknown trade mark is 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 withor similar to the proprietor’s trade mark, where the use of thebusiness identifier —(a) would indicate a connection between the business in respect ofwhich it is used and the proprietor, and is likely to damage theinterests of the proprietor; or(b) if the proprietor’s trade mark is well known to the public atlarge in Singapore —(i) would cause dilution in an unfair manner of the distinctive
character of the proprietor’s trade mark; or60

(ii) would take unfair advantage of the distinctive
character of the proprietor’s trade mark.
(5) If the Court grants an injunction under subsection (4)restraining the use by any business of any business identifier, theCourt may make such other order as the Court deems fit in respect ofany entry in any record maintained by any person, body or authority
which associates that business with that business identifier.
(6) The proprietor is not entitled to the right referred 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 mark or
business identifier has been used in bad faith.
(7) The proprietor ceases to be entitled to the right referred to in
subsection (2), (3) or (4) if the proprietor has acquiesced for acontinuous period of 5 years in the use of the trade mark or
business identifier, (as the case may be) in Singapore, being awareof that use, unless the trade mark or business identifier has beenused in bad faith.
(8) In deciding whether the trade mark or business identifier (asthe case may be) has been used in bad faith, it is relevant toconsider whether the person who used the trade mark or business
identifier had, at the time the person began to use the trade markor business identifier,knowledge of, or reason to know of, the proprietor’s trade mark.
(9) Nothing in subsection (2) affects the continuation of any use
mentioned therein in good faith of a trade mark that was begun
before 15 January 1999.
(10) Nothing in subsection (3) or (4) affects the continuation of
any use mentioned therein in good faith of a trade mark or business
identifier (as the case may be) that was begun before 1 July 2004.
(11) For the purposes of this section and sections 55A, 56, 57 and59, “use”, in relation to a trade mark, means use within the meaningof section 27(4).

6155A. Permitted use of well-known trade marks(1) Despite section 55, the proprietor of a well-known trade mark is
not 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 or herself;(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 ofservices; or(c) the trade mark to indicate the intended purpose of goods (inparticular as accessories or spare parts) or services.
(2) Despite section 55, the proprietor of a well-known trade mark is
not entitled to restrain by injunction the use in Singapore of any
registered trade mark in relation to goods or services for which thelatter is registered.
(3) Despite section 55, the proprietor of a well-known trade mark is
not entitled to restrain by injunction the use in Singapore 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.
56. National emblems, etc., of Convention countries: Article 6ter ofParis Convention, etc.
(1) A trade mark which consists of or contains the flag of aConvention country must not be registered without the authorisationof the competent authorities of that country, unless it appears to
the Registrar that use of the flag in the manner proposed ispermitted 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 protected62under the Paris Convention or the TRIPS Agreement must not beregistered without the authorisation of the competent authorities ofthat country.
(3) A trade mark which consists of or contains an official sign orhallmark adopted by a Convention country and indicating control andwarranty must not, where the sign or hallmark is protected under theParis Convention or the TRIPS Agreement, be registered in relation
to goods or services of the same, or a similar kind, as those inrelation to which it indicates control and warranty, without theauthorisation of the competent authorities of the country concerned.
(4) The provisions of this section as to national flags and otherstate emblems, and official signs or hallmarks, apply equally toanything which from a heraldic point of view imitates any such flagor 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 thatcountry, even though it is similar to that of another country.
(6) Where by virtue of this section the authorisation of thecompetent authorities of a Convention country is or would be
required for the registration of a trade mark, those authorities areentitled to restrain by injunction any use in the course of trade of
the trade mark in Singapore without their authorisation.
57. Emblems, etc., of certain international organisations: Article
6ter of Paris Convention, etc.
(1) This section applies to —(a) the armorial bearings, flags or other emblems; and(b) the abbreviations and names, of international intergovernmentalorganisations 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 must not be registered without theauthorisation of the international organisation concerned, unless it
appears to the Registrar that the use of the emblem, abbreviation orname in the manner proposed —63

(a) is not such as to suggest to the public that a connection exists
between the organisation and the trade mark; or(b) is not likely to mislead the public as to the existence of aconnection between the user and the organisation.
(3) The provisions of this section as to emblems of an internationalorganisation apply equally to anything which from a heraldic pointof view imitates any such emblem.
(4) Where by virtue of this section the authorisation of aninternational organisation is or would be required for theregistration of a trade mark, that organisation is entitled torestrain by injunction any use in the course of trade of the trade
mark in Singapore without its authorisation.
(5) Nothing in this section affects the rights of a person whosebona fide use of the trade mark in question began before 23 February
1995 (when the relevant provisions of the Paris Convention enteredinto force in relation to Singapore).
58. Notification under Article 6ter of Paris Convention, etc.
(1) For the purposes of section 56, state emblems of a Convention
country (other than the national flag), and official signs orhallmarks, are 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 Singapore in accordancewith Article 6ter(3) of the Paris Convention, or under that Article
as applied by the TRIPS Agreement, that it desires to protect thatemblem, sign or hallmark;(b) the notification remains in force; and(c) Singapore has not objected to it in accordance 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 andnames of an international organisation are regarded as protectedunder the Paris Convention or the TRIPS Agreement only if, or to theextent that —(a) the organisation in question has notified Singapore inaccordance with Article 6ter(3) of the Paris Convention, or underthat Article as applied by the TRIPS Agreement, that it desires to64

protect that emblem, abbreviation or name;(b) the notification remains in force; and(c) Singapore has not objected to it in accordance 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, has effectonly in relation to applications for registration made more than 2months after the receipt of the notification.
(4) The Registrar must 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 names of internationalorganisations, which are for the time being protected under theParis Convention or the TRIPS Agreement by virtue of a notification
under Article 6ter(3) of that Convention or under that Article asapplied by the TRIPS Agreement.
59. Acts of agent or representative: Article 6septies of the Paris
Convention, etc.
(1) Subsections (2) to (6) apply where an application forregistration 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 markin a Convention country.
(2) If the proprietor opposes the application, registration must be
refused.
(3) If the application (not being so opposed) is granted, theproprietor may —(a) apply for a declaration of the invalidity of the registration;or(b) apply for the rectification of the register so as to substitutethe proprietor’s name as the proprietor of the registered trademark.
(4) The proprietor may (notwithstanding the rights conferred by thisAct in relation to a registered trade mark) by injunction restrain
65

any use in the course of trade of the trade mark in Singapore which
is not authorised by the proprietor.
(5) Subsections (2), (3) and (4) do not apply if, or to the extent
that, the agent or representative justifies the agent’s orrepresentative’s action.
(6) An application under subsection (3)(a) or (b) must be madewithin 3 years of the proprietor becoming aware of the registration.
(7) No injunction may be granted under subsection (4) in respect ofa use in which the proprietor has acquiesced for a continuous periodof 3 years or more.

66

PART 8 COLLECTIVE MARKS AND CERTIFICATION MARKS
60. Collective marks(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 courseof trade by members of an association to distinguish those goods orservices from goods or services so dealt with or provided by persons
who are not members of the association.
(2) The provisions of this Act apply to collective marks subject tothe provisions of the First Schedule.
61. Certification marks(1) A certification mark is a sign used, or intended to be used, todistinguish 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.
(2) The provisions of this Act apply to certification marks subject
to the provisions of the Second Schedule.

67PART 9 ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONSThe Registrar
62. Registrar of Trade Marks and other officers(1) There is to be a Registrar of Trade Marks who has the control of
the Registry of Trade Marks.
(2) There are to be one or more Deputy Registrars of Trade Marks
who, subject to the control of the Registrar, have all the powers
and functions of the Registrar under this Act, other than the powersof the Registrar under section 63.
(3) There are to be one or more Assistant Registrars of Trade Marks.
(4) The Registrar and all the other officers under this section must
be appointed by the Minister.
63. Delegation by Registrar(1) The Registrar may, in relation to a particular matter or classof matters, by writing under the hand of the Registrar, delegate allor any of the Registrar’s powers or functions under this Act (except
this power of delegation) to an Assistant Registrar of Trade Marks,
any public officer, or any person with the relevant qualifications
for or experience in the matter or class of matters, so that thedelegated powers and functions may be exercised by the delegate withrespect to the matter or class of matters specified in the
instrument of delegation.
(2) A delegation under this section is revocable at will and nodelegation prevents the exercise of a power or function by theRegistrar or by a Deputy Registrar of Trade Marks.
(3) A person with the relevant qualifications or experience
mentioned in subsection (1) is, when exercising the delegated powers
and functions, deemed to be a public servant for the purposes of thePenal Code 1871.
64. Registry of Trade Marks
For the purposes of this Act, there is established an office known
as the Registry of Trade Marks.
6865. Seal of Registry
There is to be a seal of the Registry and impressions of the seal
are to be judicially noticed.
The register
66. The Register(1) The Registrar must maintain a register of trade marks.
(2) There must be entered in the register in accordance with thisAct —(a) registered trade marks;(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 beprescribed.
(3) The register may be kept in whole or in part using a computer.
(4) Any record of a particular or other matter made by using acomputer for the purpose of keeping the register is taken to be an
entry in the register.
67. Rectification of register(1) Any person having a sufficient interest may apply for therectification of an error or omission in the register.
(2) An application for rectification may not be made in respect of amatter affecting the validity of the registration of a trade mark.
(3) An application for rectification may be made either to theRegistrar 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,
the Registrar may at any stage of the proceedings refer theapplication to the Court.
(3A) An application to the Registrar for rectification is subject tothe rules mentioned in section 108(2)(ea).
69(4) Except where the Registrar or the Court directs otherwise, theeffect of rectification of the register is that the error oromission in question is deemed never to have been made.
(5) The Registrar may, on request made in the prescribed manner by
the proprietor of a registered trade mark, or a licensee, enter any
change in the proprietor’s or licensee’s name or address as recordedin the register.
(6) The Registrar may remove from the register matter appearing to
the Registrar to have ceased to have effect.
68. Inspection of and extract from register(1) The register must 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 kept by using acomputer, subsection (1) is satisfied if a person who wants toinspect the register or that part of the register is given access to
a computer terminal from which the person can read on a screen, or
obtain a printed copy of, the particulars or other matters recordedin the register or that part of the register.
(3) Any person who applies for a certified copy of an entry in theregister or a certified extract from the register is entitled toobtain such a copy or extract on payment of the prescribed fee.
(4) In relation to any portion of the register kept otherwise thanin documentary form, the right to a copy or extract conferred bysubsection (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 acopy and extract certified by the Registrar.
Powers and duties of Registrar
69. Costs awarded by Registrar(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
70party to proceedings brought before the Registrar.
(2) The rules may provide for the assessment of the costs, or any
part of the costs, by the Registrar.
(3) A party desirous to obtain costs or to have the costs assessedmust apply to the Registrar in accordance with the rules.
(4) If a party is ordered to pay the costs of another party, thecosts may be recovered in a court of competent jurisdiction as adebt due by the first party to the other party.
70. Security for costs
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 theregistration of a trade mark to be revoked or to be declaredinvalid, 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 theproceedings.
71. Evidence before Registrar
The Registrar may, for the purposes of any proceedings before him or
her under this Act —(a) summon witnesses;(b) receive evidence on oath, whether orally or otherwise; and(c) require the production of documents or articles.
72. Disobedience to summons an offence(1) A person who has been summoned to appear as a witness before theRegistrar must not, without lawful excuse, fail to appear inobedience to the summons.
(2) A person who has been required by the Registrar to produce a
document or article must not, without lawful excuse, fail to produce
the document or article.
(3) Any person who contravenes subsection (1) or (2) shall be guiltyof an offence and shall be liable on conviction to a fine not71exceeding $2,000 or to imprisonment for a term not exceeding 3
months or to both.
73. Refusal to give evidence an offence(1) A person who appears before the Registrar must not, without
lawful excuse, refuse to be sworn or to make an affirmation, or to
produce documents or articles, or to answer questions, which theperson 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 toboth.
74. Exclusion of liability in respect of official acts
(1) The Office and the Registrar shall not be taken to warrant thevalidity of the registration of a trade mark under this Act or under
any treaty, convention, arrangement or engagement to which Singapore
is a party.
(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 suchexamination.
(3) No proceedings shall lie against an officer of the Office or theRegistrar in respect of any matter for which, by virtue of thissection, the Office or the Registrar is not liable.
75. Appeals from Registrar(1) Except as provided under subsections (2) and (3) or by rules
made under this Act, there is no appeal from a decision of theRegistrar for any matter under this Act or the rules made under thisAct.
(2) The following are subject to appeal to the Court:(a) a decision of the Registrar as to the registrability of a trade
mark;(b) a decision of the Registrar not to allow any alteration of aregistered trade mark as described in section 20;72

(c) a decision of the Registrar relating to an application forrevocation under section 22;(d) a decision of the Registrar relating to an application for adeclaration of invalidity under section 23;(e) a decision of the Registrar under section 67.
(3) Where the Registrar makes a decision in any interlocutory
proceedings between 2 or more parties, and the decision terminates
any matter concerning a trade mark or an application for a trademark, any of those parties who is adversely affected by thetermination of the matter may appeal to the Court from the decisionof the Registrar.
(4) An appeal does not lie to the appellate court from a decision of
the Court on appeal from a decision of the Registrar for any matter
under this Act or the rules made under this Act unless permission toappeal is given by the appellate court.
(5) In this section, “appellate court” means the court to which an
appeal under subsection (4) is to be made under section 29C of theSupreme Court of Judicature Act 1969.
Forms, fees, hours of business and publication
76. Forms and directions of Registrar
The Minister may make rules for the publication by the Registrar of—(a) the forms to be used for any purpose relating to theregistration of a trade mark or any other proceedings before theRegistrar under this Act; and(b) the practice directions issued by the Registrar.
77. Fees(1) There must be paid in respect of applications and registrationand other matters under this Act such fees as may be prescribed.
(2) The Minister may make rules as to the remission of fees in theprescribed circumstances.
(3) All fees collected must be paid into the funds of the Office.

73

(4) Subsection (3) does not apply to fees prescribed in rules madeunder section 54(2)(g) which are to be forwarded to theInternational Bureau.
78. Hours of business and excluded days
(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.
(2) The Minister may prescribe the effect of doing any businessunder this Act —(a) on any day after the hours of business of the Registry; or(b) on any day which is an excluded day.
(3) For the purposes of subsections (1) and (2) —(a) different hours of business may be specified for different
classes of business;(b) different excluded days may be specified for different classesof 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.
79. Publication of trade mark applications, etc.
The Minister may make rules for the publication by the Registrar of
the particulars of any application for the registration of a trade
mark (including a representation of the mark) and such otherinformation relating to trade marks as the Registrar thinks fit.
Trade mark agents
80. Recognition of agents
Except as otherwise provided by rules, any act required 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 toa registered trade mark, may be done by or to an agent authorised bythat person orally or in writing.

74PART 10 ASSISTANCE BY BORDER AUTHORITIESDivision 1 - Preliminary provisions
81. Interpretation of this Part
In this Part, unless the context otherwise requires —“aircraft” has the meaning given by section 2 of the Regulation ofImports and Exports Act 1995;“authorised officer” means —(a) an officer of customs as defined in section 3(1) of the Customs
Act 1960; or(b) any officer or class or description of officers appointed by the
Minister by notification in the Gazette to exercise the powers andperform the duties conferred and imposed on an authorised officer by
this Part;“conveyance” has the meaning given by section 2 of the Regulation ofImports and Exports Act 1995;“Director-General” means the Director-General of Customs appointed
under section 4(1) of the Customs Act 1960;“goods in transit” means goods imported, whether or not landed ortranshipped within Singapore, which are to be carried to anothercountry either by the same or another conveyance;“infringement action” means an action for an infringement of therelevant registered trade mark constituted by any use of a sign(within the meaning of section 27(4)) in relation to the seized
goods;“master” has the meaning given by section 2 of the Regulation ofImports and Exports Act 1995;“pilot of an aircraft” has the meaning given by section 2 of theRegulation of Imports and Exports Act 1995;“proprietor”, in relation to a registered trade mark, includes alicensee of the trade mark;“requestor”, in relation to particular seized goods, means the
person who gave the written notice under section 82(1) as a resultof the giving of which the goods were seized;“retention period”, in relation to seized goods, means —(a) the period specified in a notice given under section 85 inrespect 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;
75

“senior authorised officer” means —(a) a senior officer of customs as defined in section 3(1) of the
Customs Act 1960; and(b) any officer or class or description of officers appointed by the
Minister by notification in the Gazette to exercise the powers andperform the duties conferred and imposed on a senior authorised
officer by this Part;“vehicle” has the meaning given by section 2 of the Regulation ofImports and Exports Act 1995;“vessel” has the meaning given by section 2 of the Regulation ofImports and Exports Act 1995.
81A. Delegation of Director-General’s powers
The Director-General may delegate to a senior officer of customs(within the meaning of section 3(1) of the Customs Act 1960) any ofthe powers of the Director-General under this Part (except the powerof delegation conferred by this section), subject to such conditions
or restrictions as the Director-General may determine.
81B. Fees(1) The Minister charged with the responsibility for customs duties
may make rules to prescribe the fees payable to the Director-Generalin connection with the administration of this Part.
(2) Without limiting subsection (1), rules may be made to prescribe
fees for the following purposes:(a) for the escort of a conveyance conveying goods seized under
section 82(4) or 93A;(b) for the attendance of an authorised officer or a seniorauthorised officer in connection with the inspection or destructionof such seized goods;(c) for the attendance of an authorised officer or a seniorauthorised officer in connection with any other act or service under
this Part.

76

Division 2 — Seizure of goods on request
82. Restriction of importation or exportation of infringing goods(1) A person who is the proprietor or a licensee of a registeredtrade mark may give the Director-General a written notice —(a) stating that the person 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 trademark, are infringing goods are expected to be imported or exported;(c) providing sufficient information —(i) to identify the goods;(ii) to enable the Director-General to ascertain when and where thegoods are expected to be imported or exported; and(iii) to satisfy the Director-General that the goods are infringing
goods; and(d) requesting the Director-General to seize the goods.
(2) A notice under subsection (1) must be —(a) in the form determined by the Director-General, and supported bysuch documents and information as the Director-General may require;and(b) accompanied by the fee prescribed under section 81B.
(3) A notice under subsection (1) remains in force until the 59th
day after the day on which the notice was given, unless it isrevoked, before the end of that period, by written notice given to
the Director-General —(a) if the person giving the firstmentioned notice is a licensee ofthe registered trade mark and the licensee has power to revoke thenotice — 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 aregistered trade mark;(b) the notice has not lapsed or been revoked; and(c) a person imports or proposes to export goods, not being goods intransit, which bear a sign that, or whose packaging bears a signthat, in the opinion of an authorised officer, is identical with or77

similar to the registered trade mark in question,
an authorised officer may seize the goods.
(5) The Minister may make rules that are necessary or convenient tobe prescribed for carrying out or giving effect to this Division,and in particular to provide —(a) for the times at which, and the manner in which, notices are to
be given;(b) for the giving of information and evidence to the DirectorGeneral; and(c) that an authorised officer may refuse to seize any goods becauseof non-compliance with any direction of the Director-General or any
such rule.
83. Security for liability or expense of seizure, storage anddisposal
An authorised officer may refuse to seize goods under section 82
unless —(a) the requestor has deposited with the Director-General a sum ofmoney that, in the opinion of the Director-General, is sufficient to—(i) reimburse the Government for any liability or reasonable expense
it is likely to incur in relation to the seizure, storage anddisposal 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 requestor has given security, to the satisfaction of the
Director-General, for the reimbursement of the Government for any
such liability or expense and the payment of such compensation.
84. Secure storage of seized goods
At the Director-General’s direction, seized goods must be taken to asecure place the Director-General directs, either by the person inpossession, custody or control of those goods immediately before theseizure or the requestor, whoever the Director-General considers
appropriate.
85. Notice of seizure(1) As soon as is practicable after goods are seized under section
82, the Director-General must give to the importer or exporter (asthe case may be), and the requestor, personally, by post or (with78the prior consent of the addressee) by email, a written noticeidentifying the goods and stating that they have been seized.
(2) A notice under subsection (1) must state that the goods will be
released to the importer or exporter unless —(a) an infringement action in respect of the goods is instituted by
the requestor within a specified period after the day specified in
the notice; and(b) the requestor gives written notice to the Director-General
within that period stating that the infringement action has been
instituted.
(3) The period to be specified for the purpose of paragraph (a) ofsubsection (2) is the period prescribed for the purposes of thatparagraph.
(4) The day specified for the purposes of subsection (2)(a) must not
be earlier than the day on which the notice is given.
(5) The requestor may, by written notice given to the DirectorGeneral before the end of the period specified in a notice for the
purposes of subsection (2)(a) (the initial period), request that theperiod be extended.
(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 therequest 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, butsuch a decision cannot be made after the end of the initial period
to which the request relates.
85A. Persons bound to give information or produce documents(1) At any time after goods have been seized under section 82(4), an
authorised officer or a senior authorised officer who has reasonablecause to believe that a person has any information or document thatthe officer considers is relevant for any of the purposes in79

subsection (2), may require that person to provide to the officer
that information or document at a time and place specified by theofficer.
(2) The purposes mentioned in subsection (1) are —(a) to enable the Director-General to satisfy a request under
section 85B (whether or not such a request has actually been
received);(b) to enable any action to be taken under this Division or Division
3 in relation to future shipments of goods; and(c) for a statistical or research purpose.
(3) A person who —(a) without reasonable excuse, fails to comply with a requirement
under subsection (1); or(b) in purported compliance with such requirement, knowingly or
recklessly provides any information or document that is false or
misleading in a material particular,
shall be guilty of an offence and shall be liable on conviction to afine not exceeding $6,000 or to imprisonment for a term notexceeding 6 months or to both.
(4) A person is not excused from providing any information or
document in compliance with a requirement under subsection (1) on
the ground that it might tend to incriminate the person.
(5) Where the person claims, before providing any information or
document pursuant to a requirement under subsection (1), that it
might tend to incriminate the person, then the information or
document is not admissible in evidence against the person incriminal proceedings other than proceedings for an offence undersubsection (3).
(6) No information or document that is provided pursuant to arequirement under subsection (1) may be published, or communicatedor disclosed to any person, except where and to the extent it isnecessary for a purpose in subsection (2).
(7) A person who contravenes subsection (6) 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 to80both.
85B. Information on import or export(1) After goods have been seized under section 82(4), the DirectorGeneral may, upon the request of the requestor, and if the DirectorGeneral is satisfied that the information is necessary to enable therequestor to institute an infringement action, give the requestor
the name and contact details of any person connected with the importor proposed export (as the case may be) of the seized goods.
(2) Subsection (1) applies despite any duty of confidentiality
imposed by the common law on the Director-General or a person towhom the Director-General has delegated the power under that
subsection.
86. Inspection, release, etc., of seized goods(1) The Director-General may permit the requestor or the importer orexporter (as the case may be) to inspect the seized goods.
(2) If the requestor gives the requisite undertakings, the DirectorGeneral may permit the requestor to remove a sample of the seized
goods from the custody of the Director-General for inspection by therequestor.
(3) If the importer or exporter (as the case may be) gives the
Director-General the requisite undertakings, the Director-General
may permit the importer or exporter to remove a sample of the seized
goods from the custody of the Director-General for inspection by theimporter or exporter.
(4) The requisite undertakings are undertakings in writing that theperson giving the undertaking will —(a) return the sample to the Director-General at a specified timethat 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 the seized goods,
or the removal of a sample, by the requestor in accordance with thissection, the Director-General is not liable to the importer orexporter for any loss or damage suffered by the importer or exporter
arising out of —81

(a) damage to any of the seized goods incurred during that
inspection; or(b) anything done by the requestor or any other person to, or in
relation to, a sample removed from the custody of the DirectorGeneral or any use made by the requestor of such a sample.
87. Forfeiture of seized goods by consent(1) Subject to subsection (2), the importer or exporter (as the casemay be) may, by written notice and the giving of the prescribed
written undertakings to the Director-General, consent to the seized
goods being forfeited to the Government.
(2) The notice must be given before any infringement action in
relation to the seized goods is instituted.
(3) If the importer or exporter satisfies the requirements ofsubsection (1), the seized goods are forfeited to the Government andmust 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 DirectorGeneral directs.
88. Compulsory release of seized goods to importer or exporter(1) The Director-General must release seized goods (not being goods
forfeited to the Government under section 87) to the importer orexporter (as the case may be) as soon as possible after the
expiration of the retention period for the goods if the requestor
has not, before the expiration of that period —(a) instituted an infringement action in relation to the goods; and(b) given written notice to the Director-General stating that theaction has been instituted.
(2) If —(a) an infringement action has been instituted in relation to theseized goods; and(b) on the 22nd day after the day on which the action was
instituted, there is not in force an order of the Court in which theaction was instituted preventing the release of the goods,
the Director-General must release the goods to the importer orexporter (as the case may be) as soon as possible after the
firstmentioned day.
82

(3) If the requestor gives written notice to the Director-General
stating that the requestor consents to the release of the seized
goods, the Director-General must release the goods to the importeror exporter (as the case may be) as soon as possible.
(4) This section has effect subject to section 91.
89. Compensation for failure to take action(1) Where goods have been seized pursuant to a notice given under
section 82 and the requestor concerned fails to take infringement
action within the retention period for the goods, a person aggrievedby such seizure may apply to the Court for an order of compensation
against the requestor.
(2) Where the Court is satisfied that the applicant had suffered
loss or damage as a result of the seizure of the goods, the Court
may order the requestor to pay compensation in such amount as the
Court thinks fit to the applicant.
90. Actions for infringement of registered trade mark(1) The Court in which an infringement action is pending may, on theapplication 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 heard on the hearing of
an infringement action.
(3) In addition to any relief that may be granted apart from thissection, the Court may —(a) at any time, order that the seized goods be released to theimporter or exporter (as the case may be) subject to such conditions(if any) as the Court thinks fit;(b) order that the seized goods not be released to the importer orexporter (as the case may be) 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 issatisfied that the Government or any statutory authority is required83

or permitted under any other law to retain control of the seized
goods.
(5) The Director-General must comply with an order made undersubsection (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 useof a sign (within the meaning of section 27(4)) in relation to theseized goods; and(b) a defendant to the infringement action satisfies the Court thatthe defendant has suffered loss or damage as a result of the seizureof the goods,
the Court may order the requestor to pay compensation in such amountas the Court thinks fit to that defendant.
91. Retention of control of seized goods
Despite 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 isrequired or permitted, under any other law, to retain control of thegoods.
92. Disposal of seized goods(1) If the Court orders that seized goods are to be forfeited to theGovernment, the goods must 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.
(2) If —(a) the Director-General gives to the importer or exporter a written
notice of the release of seized goods; and(b) the importer or exporter fails to take custody of the seized
goods within the period specified in the notice, the DirectorGeneral may dispose of the goods —(c) in the manner prescribed by rules made under this Act; or(d) if no manner of disposal is so prescribed, as the DirectorGeneral directs.

8493. Insufficient security(1) If the reasonable expenses incurred by the Director- General in
relation to any action taken by the Director-General under this
Division, or taken in accordance with an order of court under this
Division exceed the amount deposited, or the amount of the security
given,
under section 83, the amount of the excess is a debt due to theGovernment.
(2) The debt created by subsection (1) is due by the requestor, or,if there are 2 or more requestors, by the requestors jointly andseverally.

85

Division 3 — Ex-officio seizure of goods
93A. Seizure and inspection of counterfeit goods(1) Despite section 82(4), an authorised officer may —(a) examine any goods to which this subsection applies, including
goods in transit; or(b) seize any goods to which this subsection applies —(i) that are imported into, or that are to be exported from,Singapore; and(ii) that are not goods in transit, unless they are consigned to aperson with a commercial or physical presence in Singapore.
(2) Subsection (1) applies to goods that the authorised officer
reasonably suspects are counterfeit goods in relation to aregistered trade mark.
(3) As soon as practicable after the goods are seized undersubsection (1)(b), the Director-General must give personally, by
post or (with the prior consent of the addressee) by email, awritten notice to —(a) the importer, exporter or consignee (as the case may be) of the
seized goods (called in this Division the dealer); and(b) the proprietor of the registered trade mark.
(4) The written notice in subsection (3) must —(a) identify the goods seized; and(b) set out the rights of the dealer in section 86 (as applied bysubsection (5)), and the requirements in section 93B.
(5) Section 86 (which provides for the inspection of seized goods)
applies in relation to the seized goods as it applies in relation to
goods seized under section 82(4), with the following modifications:(a) replace a reference to the requestor with a reference to the
proprietor of the registered trade mark;(b) replace a reference to the importer or exporter with a reference
to the dealer.
(6) At the Director-General’s direction, seized goods must be taken
to a secure place the Director-General directs by such of thefollowing as the Director-General considers appropriate:(a) the person in possession, custody or control of those goods
86immediately before the seizure;(b) the proprietor of the registered trade mark (but only if the
proprietor has satisfied section 93B(1)(a) and (b)).
93B. Requirements for continued detention(1) If the proprietor of the registered trade mark wants the
Director-General to continue to detain the seized goods so that the
proprietor may institute an infringement action in relation to them,
the proprietor must, within the prescribed period after the date of
the notice in section 93A(3) —(a) give to the Director-General a written notice of this in theform determined by the Director-General, supported by such documents
and information as the Director-General may require, and accompaniedby the fee prescribed under section 81B; and(b) either —(i) deposit with the Director-General a sum of money that, in the
Director-General’s opinion, is sufficient for the purpose mentioned
in subsection (2); or(ii) give security to the Director-General’s satisfaction for such
purpose, unless the proprietor had earlier given such deposit or
security to the Director-General and the deposit had not been
forfeited or returned or the security is still effective.
(2) The purpose in subsection (1) is the reimbursement to theGovernment of —(a) any liability or reasonable expense it is likely to incur inrelation to the seizure, storage and disposal of the goods; and(b) the payment of such compensation as the Court may order under
section 93I or section 90(6) (as applied by section 93H).
(3) If subsection (1) is not satisfied, the Director-General must
release the seized goods to the dealer.
(4) The Minister may make rules that are necessary or convenient tobe prescribed for carrying out or giving effect to this Division,and in particular to provide —(a) for the times at which, and the manner in which, notices areto be given;(b) for the giving of information and evidence to the DirectorGeneral; and(c) that the Director-General may release any seized goods to the87dealer concerned because of non-compliance with any direction of the
Director-General or any such rule.
93C. Notice to take action(1) If section 93B(1)(a) and (b) has been satisfied by the
proprietor of the registered trade mark, the Director-General must,as soon as practicable, give to the proprietor and the dealer
personally, by post or (with the prior consent of the addressee) by
email, a written notice that states that the goods will be released
to the dealer unless —(a) an infringement action in relation to the goods is instituted by
the proprietor within a prescribed period after the day specified in
the notice; and(b) the proprietor gives written notice to the Director-General
within that period stating that such action has been instituted.
(2) Section 85(4) to (7) applies in relation to a notice undersubsection (1) as it applies in relation to a notice under section
85(1), as if a reference to the requestor is a reference to the
proprietor of the registered trade mark.
93D. Persons bound to give information or produce documents(1) At any time after goods have been seized under section 93A, anauthorised officer or a senior authorised officer who has reasonablecause to believe that a person has any information or document thatthe officer considers is relevant for any of the purposes insubsection (2), may require that person to provide to the officer
that information or document at a time and place specified by theofficer.
(2) The purposes mentioned in subsection (1) are —(a) to enable the Director-General to satisfy a request under
section 93E (whether or not such a request has actually been
received);(b) to enable any action to be taken under this Division or Division
2 in relation to future shipments of goods; and(c) for a statistical or research purpose.
(3) A person who —(a) without reasonable excuse, fails to comply with a requirement
under subsection (1); or88

(b) in purported compliance with such requirement, knowingly or
recklessly provides any information or document that is false or
misleading in a material particular,
shall be guilty of an offence and shall be liable on conviction to afine not exceeding $6,000 or to imprisonment for a term notexceeding 6 months or to both.
(4) A person is not excused from providing any information or
document in compliance with a requirement under subsection (1) on
the ground that it might tend to incriminate the person.
(5) Where the person claims, before providing any information or
document pursuant to a requirement under subsection (1), that it
might tend to incriminate the person, then the information or
document is not admissible in evidence against the person incriminal proceedings other than proceedings for an offence undersubsection (3).
(6) No information or document that is provided pursuant to arequirement under subsection (1) may be published, or communicatedor disclosed to any person, except where and to the extent it isnecessary for a purpose in subsection (2).
(7) A person who contravenes subsection (6) 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 toboth.
93E. Information on import or export(1) After section 93B(1)(a) and (b) has been satisfied by the
proprietor of the registered trade mark, the Director-General may,upon the request of the proprietor, and if the Director-General issatisfied that the information is necessary to enable the proprietor
to institute an infringement action, give the proprietor the nameand contact details of any person connected with the import or
proposed export (as the case may be) of the seized goods.
(2) Subsection (1) applies despite any duty of confidentiality
imposed by the common law on the Director-General or a person towhom the Director-General has delegated the power under that
subsection.
8993F. Forfeiture of seized goods by consent(1) Subject to subsection (2), the dealer may, by written notice andthe giving of the prescribed written undertakings to the DirectorGeneral, consent to the seized goods being forfeited to theGovernment.
(2) The notice must be given before any infringement action in
relation to the goods is instituted.
(3) If the dealer satisfies the requirements of subsection (1), thegoods are forfeited to the Government and must 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 DirectorGeneral directs.
93G. Compulsory release of seized goods to dealer(1) The Director-General must release the seized goods (not being
goods forfeited to the Government under section 93F) to the dealer
as soon as possible after the date of expiry of the period specified
in the notice under section 93C(1) (including any extension of that
period under section 85(6) as applied by section 93C(2)), if the
proprietor of the registered trade mark has not, before that date —(a) instituted an infringement action in respect of the goods; and(b) given written notice to the Director-General stating that theaction has been instituted.
(2) If —(a) an infringement action has been instituted in respect of the
seized goods; and(b) on the 22nd day after the day on which the action was
instituted, there is not in force an order of the Court preventing
the release of the goods, the Director-General must release thegoods to the dealer as soon as possible after the firstmentionedday.
(3) If the proprietor of the registered trade mark gives a written
notice to the Director-General stating that the proprietor consents
to the release of the seized goods, the Director-General must
release the goods to the dealer as soon as possible.

9093H. Provisions relating to infringement action
Section 90 applies in relation to an infringement action concerning
goods seized under section 93A, as it applies in relation to an
infringement action concerning goods seized under section 82(4),with the following modifications:(a) replace a reference to the requestor with a reference to the
proprietor of the registered trade mark;(b) replace a reference to the importer or exporter with areference to the dealer.
93I. Compensation for failure to take action(1) Where —(a) goods have been seized under section 93A;(b) the goods continue to be detained because section 93B(1) has
been satisfied; and(c) the proprietor fails to take infringement action within the
period specified in section 93C(1) (including any extension of that
period under section 85(6) as applied by section 93C(2)), a person
aggrieved by the seizure may apply to the Court for an order ofcompensation against the proprietor.
(2) Where the Court is satisfied that the applicant has suffered
loss or damage as a result of the seizure of the goods, the Court
may order the proprietor to pay to the applicant compensation ofsuch amount as the Court thinks fit.
93J. Retention of control of seized goods
Despite section 93G and any rule made under section 93B(4)(c), in acase in which no order has been made under section 90(3) (as appliedby section 93H) in relation to the seized goods, the DirectorGeneral is not obliged to release or dispose of the goods if theGovernment is required or permitted, under any other law, to retain
control of the goods.
93K. Disposal of seized goods
Section 92 applies in relation to goods seized under section 93A, as
it applies in relation to goods seized under section 82(4), with areference to the importer or exporter replaced with a reference tothe dealer.

9193L. Insufficient security(1) If the reasonable expenses incurred by the Director- General in
relation to any action taken by the Director-General under this
Division, or taken in accordance with an order of the Court under
this Division exceed the amount deposited, or the amount of the
security given, under section 93B, the amount of the excess is adebt due to the Government.
(2) The debt created by subsection (1) is due by the proprietor or,
if there are 2 or more proprietors, by the proprietors jointly andseverally.

92

Division 4 — Powers of search
94. Powers of search in relation to vessels, aircraft and vehicles(1) A senior authorised officer or an authorised officer acting inaccordance with the general or special directions of a seniorauthorised officer may board any conveyance in Singapore and may
rummage and search all parts of the conveyance for goods liable tobe seized under section 82 or 93A.
(2) For the more effective exercise of the powers conferred by thissection, a senior authorised officer may do all or any of thefollowing:(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 casemay be) not to proceed until so authorised;(c) require any documents which ought to be on board any vessel oraircraft, being documents relating to any goods therein, to bebrought to the senior authorised officer for inspection;(d) break open and forcibly enter any place or receptacle in any
conveyance to which the senior authorised officer 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 towhich the vessel may lawfully go;(f) by direction to the master of any vessel in Singapore, require
the master 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 toproduce a complete manifest of the whole cargo of the vessel oraircraft and a complete list of stores carried by that vessel oraircraft.
(3) An authorised officer may exercise, in respect of any vehicle or
any vessel not exceeding 75 tons net tonnage, the powers which areconferred upon a senior authorised officer by subsection (2) other93

than the powers conferred by paragraph (d) of that subsection.
(4) It is presumed in any proceedings arising out of anything 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 general or
special direction of a senior authorised officer.
(5) If any vessel or aircraft fails to comply with any lawful
requisition or direction given or made under this section, a seniorauthorised officer may take all such steps as appear to the seniorauthorised officer necessary to secure such compliance.
(6) Any person who contravenes this section or who fails to comply
with any lawful requisition or direction given or made under thissection shall be guilty of an offence and shall be liable onconviction to a fine not exceeding $6,000 or to imprisonment for aterm not exceeding 12 months or to both.
(7) An authorised officer may exercise the powers conferred by thissection in respect of a vessel under way if the authorised officer
reasonably suspects that it is not in transit through Singapore.
95. Examination of packages, etc.
(1) Any goods, package, box, chest or other article which is beingor has recently been imported, or is being exported, 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 93A may be —(a) examined and searched by an authorised officer or detained until
any person in charge thereof has opened it for examination andsearch;(b) subjected to such infringement verification, or tests oranalysis 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 the package, box, chest or other article must be afforded
every reasonable facility for being present at the opening,
examination and search; or(d) marked, locked, sealed or otherwise secured by an authorised
officer pending examination and search.

94

(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 toin subsection (1)(d) 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 6 months or to both.
(3) In this section, “infringement verification” means any process(whether or not involving the proprietor of the registered trade
mark concerned) to determine if any article is or contains goods
liable to be seized under section 82(4) or 93A.
96. Power to remove packages and goods to police station or
examination station(1) For the more convenient exercise of the powers conferred bysection 95, an authorised officer may remove any package, box, chestor other article or any goods to a police station or examination
station or may require it to be so removed by the owner thereof or
the owner’s agent or any person having the custody, charge orcontrol thereof.
(2) Any person who fails to comply with any such requisition shallbe guilty of an offence and shall be liable on conviction to a finenot exceeding $6,000.
(3) Upon the failure by a person to comply with such a requisition,
an authorised officer may remove the package, box, chest, article orgoods (as the case may be) in the manner provided by subsection (1)and all the expenses of such removal (as certified by a seniorauthorised officer) are recoverable as a fine from that person orfrom the owner of the package, box, chest, article or goods (as thecase may be).
97. Search of persons and baggage(1) Any person landing or being about to land or having recently
landed from any vessel or aircraft, or leaving any vessel oraircraft in Singapore whether for the purpose of landing orotherwise, or entering or having recently entered Singapore by land,sea or air, must —(a) on demand by an authorised officer, either permit his or her
person and goods and baggage to be searched by the officer for any
95goods liable to be seized under section 82 or 93A or, together withthe goods and baggage, accompany the officer to a police station or
an examination station, and there permit his or her person and goods
and baggage to be searched in the presence and under the supervisionof a senior authorised officer for any goods liable to be seizedunder section 82 or 93A; or(b) on demand by a senior authorised officer, permit his or her
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 93A.
(2) Whenever it is necessary to cause a woman to be searched, thesearch must be made by another woman and with strict regard todecency.
(3) The goods and baggage of any person who requests to be present
when they are searched must not be searched except in his or her
presence, unless he or she fails to be present after being given
reasonable facility for being present.
(4) Any person who refuses to comply with any lawful demand madeunder this section may be arrested without warrant by the officer
making the demand.
98. Powers of authorised officers to enter certain premises(1) For the purpose of exercising the powers conferred by sections
94 to 97, an authorised officer may, without warrant, enter upon —(a) any islet, landing place, wharf, dock, railway or quay;(b) any premises of a provider of port services or facilities
licensed or exempted under the Maritime and Port Authority ofSingapore Act 1996;(c) any premises of any airport operated under a license or
exemption under the Civil Aviation Authority of Singapore Act 2009.
(2) In this section, “railway” has the meaning given by the Railways
Act 1905.

96

Division 5 — Miscellaneous provisions
99. Obstruction
Any person who —(a) refuses any authorised officer or senior authorised 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 onconviction to a fine not exceeding $15,000 or to imprisonment for aterm not exceeding 12 months or to both.
100. Protection from personal liability
No liability shall lie personally against the Director-General, an
authorised officer, a senior authorised officer, or any person
acting under the direction of the Director-General for anything doneor omitted to be done with reasonable care and in good faith in thecourse of or in connection with —(a) the exercise or purported exercise of any power under this Part;(b) the performance or purported performance of any function or thedischarge or purported discharge of any duty under this Part; or(c) the compliance or purported compliance with this Part.

97

PART 11 MISCELLANEOUS AND GENERAL PROVISIONS
101. Registration to be prima facie evidence
In all legal proceedings relating to a registered trade mark or any
right thereunder (including proceedings for rectification of theregister) —(a) the register is prima facie evidence of anything contained
therein;(b) the registration of the prescribed particulars of any
registrable transaction under section 39 is prima facie evidence ofthe transaction; and(c) the registration of a person as proprietor of a registered trade
mark is prima facie evidence of —(i) the validity of the original registration; and(ii) any subsequent assignment or other transmission of theregistration.
102. Certificate of validity of contested registration(1) If in any proceedings before the Registrar or the Court thevalidity of the registration of a trade mark to any extent iscontested and it is found by the Registrar or the Court that theregistration of the trade mark is wholly or partially valid, theRegistrar or the Court may give a certificate to that effect and thefact that the validity of the registration was so contested.
(2) Where a certificate is given under subsection (1) and in
subsequent proceedings before the Registrar or the Court —(a) the validity of the registration is again questioned; and(b) the proprietor obtains a final order or judgment in the
proprietor’s favour relying on the validity of the registration as
found in the earlier proceedings,
the proprietor is entitled to the proprietor’s costs as between
solicitor and client unless the Registrar or the Court directs
otherwise.
(3) Subsection (2) does not extend to the costs of an appeal in any
such proceedings.
103. Certificate of Registrar
A certificate purporting to be under the hand of the Registrar as toany entry, matter or thing which the Registrar is authorised to make98

or do under this Act, is prima facie evidence of the entry having
been made, and of the contents thereof, and of the matter or thing
having been done or not done.
104. Costs of proceedings before Court
In all proceedings before the Court under this Act, the Court may
award to any party (including the Registrar) such costs as it may
consider reasonable, but the Registrar is not to be ordered to pay
the costs of any other of the parties.
105. Burden of proving use of trade markIf in any civil proceedings under this Act a question arises as tothe use to which a registered trade mark has been put, it is for the
proprietor to show what use has been made of it.
105A. Composition of offences(1) The Registrar or any person authorised in writing by theRegistrar may compound any offence under this Act that is prescribed
as a compoundable offence by collecting from a person reasonably
suspected of having committed the offence a sum not exceeding thelower of the following:(a) one half of the amount of the maximum fine that is prescribed
for the offence;(b) $5,000.
(2) The Office may, with the approval of the Minister, makeregulations to prescribe the offences which may be compounded.
(3) On payment of the sum of money, no further proceedings are to betaken against that person in respect of the offence.
(4) All sums collected under this section must be paid into theConsolidated Fund.
106. Jurisdiction of Courts
A District Court or a Magistrate’s Court has jurisdiction to hearand determine all offences under this Act and, despite anything to
the contrary in the Criminal Procedure Code 2010, has power toimpose the full penalty or punishment in respect of any suchoffence.

99107. Offence committed by partnership or body corporate(1) Proceedings for an offence under this Act alleged to have beencommitted by a partnership must be brought against the partnershipin the name of the firm and not in that of the partners; but without
affecting any liability of the partners under subsection (3).
(2) A fine imposed on a partnership on its conviction in suchproceedings must be paid out of the partnership assets.
(3) Where a partnership is guilty of an offence under this Act,every partner, other than a partner who is proved to have been
ignorant of or to have attempted to prevent the commission of theoffence, is also guilty of the offence and liable to be proceededagainst and punished accordingly.
(4) Where an offence under this Act committed by a body corporate isproved to have been committed with the consent or connivance of adirector, manager, secretary or other similar officer of the body,or a person purporting to act in any such capacity, he or she aswell as the body corporate is guilty of the offence and liable to beproceeded against and punished accordingly.
108. Power to make rules(1) The Minister may make rules —(a) for any purpose for which rules are authorised or required to bemade under this Act;(b) for prescribing matters authorised or required by this Act to beprescribed;(c) for prescribing matters necessary or convenient to be prescribedfor carrying out or giving effect to this Act;(d) for prescribing matters necessary or convenient to be prescribed
for the conduct of any proceedings or other matter before theRegistrar.
(2) Without limiting subsection (1), the rules may make provision —(a) as to the practice and procedure of any proceedings or othermatter before the Registrar;(b) as to the manner of filing of applications or other documents;(c) requiring persons to make such statutory declarations as may beprescribed in support of any application, notice or request;(d) requiring and regulating the translation of documents and the100

filing and authentication of any translation;(e) as to the service of documents;(ea) to enable the Registrar to publish —(i) an application to rectify an error or omission in the register;and(ii) a request to amend an application, a notice or other document,
and to provide for the making of objections to the rectification oramendment by a person claiming to be affected by it;(f) authorising the rectification of irregularities of procedure;(g) prescribing time limits for anything required to be done inconnection 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 before the Registrar
under this Act by affidavit or statutory declaration;(ia) for the continued processing of an application that is treatedas withdrawn; and(j) for the reinstatement of —(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 withany time limit which has been prescribed or which the Registrar has
specified,
and the conditions for such reinstatement.
109. Transitional provisions(1) The provisions of the Third Schedule have effect with respect totransitional matters on 15 January 1999.
(2) The Minister may, by order in the Gazette, amend the Third
Schedule to make such further transitional provisions as he or she
may consider necessary and expedient.

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FIRST SCHEDULE COLLECTIVE MARKS
1. General(1) The provisions of this Act apply to collective marks subject tothe following provisions.
(2) For the purposes of this Schedule, “published” means madeavailable to the public (whether in Singapore or elsewhere), and adocument is taken to be published if it can be inspected as of rightat any place in Singapore by members of the public, whether onpayment of a fee or not.
2. Signs of which a collective mark may consist
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 provided in the course of trade by a person from thoseso dealt with or provided by any other person is to be construed asa reference to distinguishing goods or services dealt with orprovided in the course of trade by members of an association whichis the proprietor of the mark from those so dealt with or provided
by persons who are not members of the association.
3. Indication of geographical origin(1) Despite section 7(1)(c), a collective mark may be registeredwhich consists of signs or indications which may serve, in trade, todesignate the geographical origin of the goods or services.
(2) However, the proprietor of such a mark is not entitled toprohibit the use of the signs or indications in accordance withhonest practices in industrial or commercial matters (in particular,
by a person who is entitled to use a geographical name).
4. Mark not to be misleading as to character or significance(1) A collective mark must 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 thana collective mark.
(2) The Registrar may accordingly require that a mark in respect ofwhich application is made for registration include some indicationthat it is a collective mark.
102

(3) Despite section 14(3), an application may be amended so as tocomply with any such requirement.
5. Regulations governing use of collective mark(1) An applicant for registration of a collective mark must filewith the Registrar regulations governing the use of the mark.
(2) The regulations must specify the persons authorised to use themark, the conditions of membership of the association and, where
they exist, the conditions 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.
6. Approval of regulations by Registrar(1) A collective mark must not be registered unless the regulations
governing the use of the mark —(a) comply with paragraph 5(2) and any further requirements imposedby rules; and(b) are not contrary to public policy or to accepted principles ofmorality.
(2) Before the end of the prescribed period after the date of theapplication for registration of a collective mark, the applicant
must file the regulations with the Registrar and pay the prescribedfee.
(3) If the applicant does not comply with sub-paragraph (2), theapplication is to be treated as withdrawn.
7.
(1) The Registrar must consider whether the requirements mentioned
in paragraph 6(1) are met.
(2) If it appears to the Registrar that those requirements are notmet, he or she must inform the applicant and give the applicant an
opportunity, within such period as the Registrar may specify, tomake representations or to file amended regulations.

103

(3) If the applicant responds within the specified period but fails
to satisfy the Registrar that those requirements are met, or to fileregulations that have been amended so as to meet those requirements,
the Registrar may refuse the application.
(4) If the applicant fails to respond within the specified period,
the application is to be treated as withdrawn.
(5) If it appears to the Registrar that —(a) the requirements mentioned in paragraph 6(1) are met; and(b) the other requirements for registration in relation to all orsome of the goods or services for which registration is sought are
met,
the Registrar must accept the application in relation to the goods
or services for which the requirements for registration are met andmust proceed in accordance with section 13.
8.
The regulations must be published and notice of opposition may be
given relating to the matters mentioned in paragraph 6(1), in
addition to any other grounds on which the application may be
opposed.
9. Regulations to be open to inspection
The regulations governing the use of a registered collective markmust be open to public inspection in the same way as the register.
10. Amendment of regulations(1) An amendment of the regulations governing the use of aregistered collective mark is not effective unless and until theamended regulations are filed with the Registrar and accepted by him
or her.
(2) Before accepting any amended regulations the Registrar may, in
any case where it appears to him or her expedient to do so, cause
them to be published.
(3) If the Registrar does so, notice of opposition may be given
relating to the matters mentioned in paragraph 6(1).

10411. Infringement: rights of authorised users
The following provisions apply in relation to an authorised user ofa 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 ofsection 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 thecontrary between the authorised user and the proprietor, to call on
the proprietor to take infringement proceedings in respect of any
matter which affects the authorised user’s 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 the authoriseduser’s own name as if the authorised user were the proprietor.
(4) Where infringement proceedings are brought by virtue of thisparagraph, the authorised user may not, without the permission of
the Court, proceed with the action unless the proprietor is either
joined as a claimant 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 mentioned in subparagraph (4) is not to be made liable for any costs in the action
unless the proprietor takes part in the proceedings.
(7) In infringement proceedings brought by the proprietor of aregistered collective mark, any loss suffered or likely to besuffered by authorised users must be taken into account; and the
Court may give such directions as it thinks fit as to the extent towhich the claimant is to hold the proceeds of any pecuniary remedy
on behalf of such users.
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13. Grounds for revocation of registration
Apart from the grounds of revocation provided for in section 22, theregistration 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 theobservance of, the regulations governing the use of the mark; or(c) that an amendment of the regulations has been made so that theregulations —(i) no longer comply with paragraph 5(2) and any further conditions
imposed by rules; or(ii) are contrary to public policy or morality.
14. Grounds for invalidity of registration
Apart from the grounds of invalidity provided for in section 23, theregistration of a collective mark may be declared invalid on the
ground that the mark was registered in breach of the provisions ofparagraph 4(1) or 6(1).

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SECOND SCHEDULE CERTIFICATION MARKS
1. General(1) The provisions of this Act apply to certification marks subject
to the provisions of this Schedule.
(2) For the purposes of this Schedule, “published” means madeavailable to the public (whether in Singapore or elsewhere), and adocument is taken to be published if it can be inspected as of rightat any place in Singapore by members of the public, whether onpayment of a fee or not.
2. Signs of which a certification mark may consist
In relation to a certification mark, the reference in the definitionof “trade mark” in section 2(1) to distinguishing goods or services
dealt with or provided in the course of trade by a person from thoseso dealt with or provided by any other person is to be construed asa reference to distinguishing goods or services dealt with orprovided in the course of trade and which are certified in themanner referred to in section 61(1)(b) from those which are not socertified.
3. Indication of geographical origin(1) Despite section 7(1)(c), a certification mark may be registeredwhich consists of signs or indications which may serve, in trade, todesignate the geographical origin of the goods or services.
(2) However, the proprietor of such a mark is not entitled toprohibit the use of the signs or indications in accordance withhonest practices in industrial or commercial matters (in particular,
by a person who is entitled to use a geographical name).
4. Nature of proprietor’s businessA certification mark must not be registered if the proprietor
carries on a business involving the supply of goods or services of
the kind certified.
5. Mark not to be misleading as to character or significance(1) A certification mark must not be registered if the public isliable to be misled as regards the character or significance of themark, in particular if it is likely to be taken to be something107

other than a certification mark.
(2) The Registrar may accordingly require that a mark in respect ofwhich application is made for registration include some indicationthat it is a certification mark.
(3) Despite section 14(3), an application may be amended so as tocomply with any such requirement.
6. Regulations governing use of certification mark(1) An applicant for registration of a certification mark must filewith the Registrar regulations governing the use of the mark.
(2) The regulations must indicate who is authorised 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 theoperation of the mark and the procedures for resolving disputes.
(3) Further requirements with which the regulations have to comply
may be imposed by rules made under this Act.
7. Approval of regulations, etc.
(1) A certification mark must not be registered unless —(a) the regulations governing the use of the mark —(i) comply with paragraph 6(2) and any further requirements imposedby rules; and(ii) are not contrary to public policy or to accepted principles ofmorality; and(b) the applicant is competent to certify the goods or services forwhich the mark is to be registered.
(2) Before the end of the prescribed period after the date of theapplication for registration of a certification mark, the applicant
must file the regulations with the Registrar and pay the prescribedfee.
(3) If the applicant does not comply with sub-paragraph (2), theapplication is to be treated as withdrawn.

108

8.
(1) The Registrar must consider whether the requirements mentioned
in paragraph 7(1) are met.
(2) If it appears to the Registrar that those requirements are notmet, he or she must inform the applicant and give the applicant an
opportunity, within such period as the Registrar may specify, tomake 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 fileregulations that have been amended so as to meet those requirements,
the Registrar may refuse the application.
(4) If the applicant fails to respond within the specified period,
the application is to be treated as withdrawn.
I(5) If it appears to the Registrar that —(a) the requirements mentioned in paragraph 7(1) are met; and(b) the other requirements for registration in relation to all orsome of the goods or services for which registration is sought are
met,
the Registrar must accept the application in relation to the goods
or services for which the requirements for registration are met andmust proceed in accordance with section 13.
9.
The regulations must be published and notice of opposition may be
given relating to the matters mentioned in paragraph 7(1), in
addition to any other grounds on which the application may be
opposed.
10. Regulations to be open to inspection
The regulations governing the use of a registered certification markmust be open to public inspection in the same way as the register.
11. Amendment of regulations(1) An amendment of the regulations governing the use of aregistered certification mark is not effective unless and until theamended regulations are filed with the Registrar and accepted by him
or her.
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(2) Before accepting any amended regulations, the Registrar may, in
any case where it appears to him or her expedient to do so, cause
them to be published.
(3) If the Registrar causes the regulations to be published, noticeof opposition may be given relating to the matters mentioned inparagraph 7(1).
12. Consent to assignment of registered certification markThe assignment or other transmission of a registered certification
mark is not effective without the consent of the Registrar.
13. Infringement: rights of authorised users
The following provisions apply in relation to an authorised user ofa 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 aregistered certification mark, any loss suffered or likely to besuffered by authorised users must be taken into account; and the
Court may give such directions as it thinks fit as to the extent towhich the claimant is to hold the proceeds of any pecuniary remedy
on behalf of such users.
15. Grounds for revocation of registration
Apart from the grounds of revocation provided for in section 22, theregistration of a certification mark may be revoked on the ground —(a) that the proprietor has begun to carry on such a business as ismentioned in paragraph 4;(b) 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 5(1);(c) that the proprietor has failed to observe, or to secure theobservance of, the regulations governing the use of the mark;(d) that an amendment of the regulations has been made so that theregulations —(i) no longer comply with paragraph 6(2) and any further conditions110

imposed by rules; or(ii) are contrary to public policy or morality; or(e) that the proprietor is no longer competent to certify the goods
or services for which the mark is registered.
16. Grounds for invalidity of registration
Apart from the grounds of invalidity provided for in section 23, theregistration of a certification mark may be declared invalid on the
ground that the mark was registered in breach of the provisions ofparagraph 4, 5(1) or 7(1).

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THIRD SCHEDULE

TRANSITIONAL PROVISIONS

1. Introductory(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 Revised
Edition) immediately before 15 January 1999;“the old law” means the repealed Act and any other enactment or ruleof law applying to existing registered marks immediately before 15
January 1999.

(2) For the purposes of this Schedule —(a) an application is to be treated as pending on 15 January 1999 if
it was made but not finally determined before that date; and(b) the date on which it was made is the date of filing under the
repealed Act.

2. Existing registered marks(1) Any existing registered mark, whether registered in Part A or Bof 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 certification trade
mark in the register kept under the repealed Act is a registeredcertification mark for the purposes of this Act.

(3) Any existing registered mark registered as a series of trade
marks 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 indicating that an existingregistered mark is associated with any other mark ceases to haveeffect on 15 January 1999.

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3.
(1) A condition entered in the register kept under the repealed Act
in relation to an existing registered mark immediately before 15
January 1999 ceases to have effect on that date.

(2) Proceedings under section 39(3) of the repealed Act which are
pending on 15 January 1999 must be dealt with under the old law andany necessary alteration made to the new register.

(3) A disclaimer or limitation entered in the register kept under
the repealed Act in relation to an existing registered markimmediately before 15 January 1999 is deemed to be transferred to
the new register and has effect as if entered in the register
pursuant to section 30 of this Act.

4. Effects of registration: infringement(1) Sections 26 to 29 of this Act apply in relation to an existingregistered mark as from 15 January 1999 and section 31 of this Act
applies in relation to infringement of an existing registered markcommitted after that date, subject to sub-paragraph (3).

(2) The old law continues to apply in relation to infringements
committed before 15 January 1999.

(3) It is not an infringement of —(a) an existing registered mark; or(b) a registered trade mark of which the distinctive elements are
the same or substantially the same as those of an existingregistered mark and which is registered for the same goods orservices, to continue after commencement any use which did notamount to infringement of the existing registered mark under the oldlaw.

5. Infringing goods, material or articles
Section 33 of this Act applies to infringing goods, material or
articles whether made before or after 15 January 1999.
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6. Rights and remedies of licensee or authorised user
(1) Section 44 of this Act applies to licences granted before 15
January 1999, but only in relation to infringements committed afterthat date.

(2) Paragraph 14 of the Second Schedule of this Act applies only in
relation to infringements committed after 15 January 1999.
7. Co-ownership of registered mark(1) Subject to sub-paragraph (2), the provisions of section 37 of
this Act apply as from 15 January 1999 to an existing registered
mark of which 2 or more persons were immediately before that dateregistered as joint proprietors.
(2) So long as the relations between the joint proprietors remainsuch as are described in section 12(11) of the repealed Act, there
is to be taken to be an agreement to exclude the operation ofsection 37(1) and (3) of this Act.
8. Assignment, etc., of registered mark(1) Section 38 of this Act applies to transactions and eventsoccurring after 15 January 1999 in relation to an existingregistered mark; and the old law continues to apply in relation totransactions and events occurring before that date.
(2) Entries in the register kept under the repealed Act relating to
the assignment of registered trade marks and of the benefits ofapplications for registration of trade marks are deemed to betransferred on 15 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 entries
mentionedin 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 registeredtrade mark or of an assignment of the benefits of an application forregistration of a trade mark,114

made to the Registrar before 15 January 1999, is to be treated as anapplication for registration under section 39 of this Act and must
proceed accordingly.
(5) The Registrar may require the applicant to amend the applicant’s
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 finallydetermined before 15 January 1999 must be dealt with under the oldlaw; and sub-paragraphs (2) and (3) apply in relation to any
resulting entry in the register.
(7) Where before 15 January 1999 a person has become entitled byassignment or transmission to an existing registered mark but has
not registered the person’s title, any application for registration
after that date must be made under section 39 of this Act.
(8) In cases to which sub-paragraph (4) or (7) applies, 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 failingto register.
9. Licensing of registered mark(1) Sections 42 and 43(2) of this Act apply only in relation tolicences granted after 15 January 1999; and the old law continues toapply in relation to licences granted before that date.
(2) Existing entries under section 30 of the repealed Act are deemedtransferred on 15 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 entries
mentionedin 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 ispending before the Registrar on 15 January 1999 is to be treated as
an application for registration of a licence under section 39(1) of
this Act and must proceed accordingly.

115

(5) The Registrar may require the applicant to amend the applicant’s
application so as to conform with the requirements of this Act.
(6) An application for registration as a registered user which has
been determined by the Registrar but not finally determined before
15 January 1999 must be dealt with under the old law; and subparagraphs (2) and (3) apply in relation to any resulting entry in
the register.
(7) Any proceedings pending on 15 January 1999 under section 30(9) or(10) of the repealed Act must be dealt with under the old law and anynecessary alteration made to the new register.
10. Pending applications for registration(1) Subject to paragraph 11, an application for registration of amark under the old law which is pending on 15 January 1999 must be
dealt with under the old law, and if registered the mark is to betreated for the purposes of this Schedule as an existing registeredmark.
(2) The power of the Minister under section 108 of this Act to makerules regulating practice and procedure, and as to the matters
mentionedin subsection (2) of that section, is exercisable inrelation to such an application; and different provision may be madefor such applications from that made for other applications.
(3) Section 26 of the repealed Act must be disregarded indealing after 15 January 1999 with an application for registration.
(4) Subject to sub-paragraph (6), a mark must not be registeredunder this paragraph if it contains or consists of a geographicalindication in respect of a wine or spirit and the mark is used orintended to be used in relation to a wine or spirit not originatingfrom the geographical origin indicated by the geographicalindication.
(5) Sub-paragraph (4) applies whether or not the mark has, or isaccompanied by, an indication of the true geographical origin of thewine or spirit (as the case may be) or an expression such as “kind”,“type”, “style”, “imitation” or the like, and irrespective of thelanguage the geographical indication is expressed in that trade116

mark.
(6) A mark must not be refused registration by virtue of subparagraph (4) if the application had been made in good faith, or if
it had been used continuously in good faith in the course of tradeby the applicant for its registration or the applicant’s predecessor
in title, either —(a) before 15 January 1999; or(b) before the geographical indication concerned is protected in its
country of origin.
(7) A mark must not be refused registration by virtue of subparagraph (4) if the geographical indication in question —(a) has ceased to be protected; or(b) has fallen into disuse, in its country of origin.
11. Conversion of pending application(1) In the case of a pending application for registration which has
not been advertised under section 18 of the repealed Act before 15
January 1999, the applicant may give notice to the Registrar claiming
to have the registrability of the mark determined in accordance withthe provisions of this Act.
(2) The notice must be in the relevant form published by theRegistrar under section 76 of this Act, be accompanied by theappropriate fee and be given no later than 6 months after 15 January
1999.
(3) Notice duly given is irrevocable and has the effect that theapplication is to be treated as if made immediately after 15 January
1999.
12. Claim to priority from overseas application
Section 10 of this Act applies to an application for registration
under this Act made after 15 January 1999 even though the Convention
application was made before that date.
13.
(1) Where, before 15 January 1999, a person has duly filed an
application for protection of a trade mark in a foreign state to117which section 75 of the repealed Act applies which is not a
Convention country (called in this paragraph a relevant overseas
application), the person, or the person’s successor in title, has aright to priority, for the purposes of registering 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 withinthat 6 month period —(a) the relevant date for the purposes of establishing which rights
take precedence is the date of filing of the relevant overseas
application; and(b) the registrability of the trade mark is not affected by any useof the mark in Singapore in the period between that date and thedate of the application under this Act.
(3) Any filing which in a foreign state mentioned in sub-paragraph(1) is equivalent to a regular national filing, under its domestic
legislation or an international agreement, is 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 thesubsequent fate of the application.
(5) A subsequent application concerning the same subject as therelevant overseas application, filed in the same country, is to beconsidered the relevant overseas application (of which the filingdate is the starting date of the period of priority), if at the timeof the subsequent application —(a) the previous application has been withdrawn, abandoned or
refused, without having been laid open to public inspection andwithout leaving any rights outstanding; and(b) it has not yet served as a basis for claiming a right ofpriority,
and the previous application may not thereafter serve as a basis forclaiming a right of priority.
(6) The Minister may make rules to provide for the manner of claiming118

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 theapplication or independently, and the reference in sub-paragraph (1)to the applicant’s “successor in title” is to be construed
accordingly.
(8) Nothing in this paragraph affects proceedings on an application
for registration under the repealed Act made before 15 January 1999.
14. Renewal of registration
Section 19 of this Act applies where the renewal of an existingregistered mark falls due on or after 15 January 1999; and the oldlaw continues to apply in any other case.
15. Pending application for alteration of registered markAn application under section 38 of the repealed Act which is pendingon 15 January 1999 must be dealt with under the old law and anynecessary alteration made to the new register.
16. Revocation for non-use(1) An application under section 40 of the repealed Act which ispending on 15 January 1999 must be dealt with under the old law andany necessary alteration made to the new register.
(2) An application under section 22(1)(a) or (b) of this Act may bemade in relation to an existing registered mark at any time after 15
January 1999.
(3) However, no application mentioned in sub-paragraph (2) for the
revocation of the registration of an existing registered markregistered by virtue of section 41 of the repealed Act may be madeuntil more than 5 years after 15 January 1999.
17. Application for rectification, etc.
(1) An application under section 37 or 39 of the repealed Act whichis pending on 15 January 1999 must 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
119

it applies in relation to an existing registered mark, theprovisions of this Act are deemed to have been in force at allmaterial times, except that no objection to the validity of theregistration of an existing registered mark may be taken on the
ground specified in section 8(3) of this Act.
18. Regulations governing use of certification mark(1) Regulations governing the use of an existing registeredcertification mark transmitted to the Registrar pursuant to section
68 of the repealed Act are to be treated after 15 January 1999 as
if filed under paragraph 6 of the Second Schedule to this Act.
(2) Any request for amendment of the regulations which was
pending on 15 January 1999 must be dealt with under the old law.
19. Certificate of validity of contested registration
A certificate given before 15 January 1999 under section 54 of therepealed Act has effect as if given under section 102 of this Act.

120