Singapore Statutes Online - 332 - Trade Marks Act

Trade Marks Act
(CHAPTER 332)

Part I PRELIMINARY

1 Short title

2 Interpretation

3 Meaning of infringing goods, material or articles and counterfeit goods or trade mark

Part II REGISTRATION OF TRADE MARKS

Introductory

4 Registered trade marks

Application for registration of trade mark

5 Application for registration

5A Division of application for registration

6 Classification of goods and services

Grounds for refusal of registration

7 Absolute grounds for refusal of registration

8 Relative grounds for refusal of registration

9 Raising of relative grounds in case of honest concurrent use

10 Claim to priority of Convention application

11 Claim to priority from other relevant overseas application

Registration procedure

12 Examination of application

13 Publication and opposition proceedings

14 Withdrawal, restriction or amendment of application

15 Registration

16 Revocation of acceptance

Series of trade marks

17 Registration of series of trade marks

Duration, renewal and alteration of registered trade mark

18 Duration of registration

19 Renewal of registration

20 Alteration of registered trade mark

Cancellation, revocation and invalidity

21 Cancellation of registered trade mark

22 Revocation of registration

23 Grounds for invalidity of registration

24 Effect of acquiescence

Miscellaneous

25 Amendment of other documents

Part III RIGHTS AND REMEDIES OF PROPRIETOR OF REGISTERED TRADE MARK

Rights of proprietor of registered trade mark

26 Rights conferred by registered trade mark

27 Acts amounting to infringement of registered trade mark

28 Acts not amounting to infringement

29 Exhaustion of rights conferred by registered trade mark

30 Registration subject to disclaimer or limitation

Infringement proceedings

31 Action for infringement

32 Order for erasure, etc., of offending sign

33 Order for delivery up of infringing goods, material or articles

34 Order as to disposal of infringing goods, material or articles

35 Remedy for groundless threats of infringement proceedings

Part IV REGISTERED TRADE MARK AS OBJECT OF PROPERTY

36 Nature of registered trade mark

37 Co-ownership of registered trade mark

38 Assignment, etc., of registered trade mark

39 Registration of transactions affecting registered trade mark

40 Trusts and equities

41 Application for registration of trade mark as object of property

Part V LICENSING

42 Licensing of registered trade mark

43 Exclusive licences

44 General provisions as to rights of licensees in case of infringement

45 Exclusive licensee having rights and remedies of assignee

Part VI OFFENCES

46 Counterfeiting a trade mark

47 Falsely applying a registered trade mark to goods or services

48 Making or possessing of 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 trade marks of Arms or Flags prohibited, etc.

53 Forfeiture and destruction of goods, etc., on conviction

53A Enforcement measures

Part VII INTERNATIONAL MATTERS

The Madrid Protocol, etc.

54 Power to make provision giving effect to Madrid Protocol, etc.

The Paris Convention, the TRIPS Agreement and well known trade marks: supplementary provisions

55 Protection of well known trade marks

55A Permitted use of well known trade marks

56 National emblems, etc., of Convention countries: Article 6ter of Paris Convention, etc.

57 Emblems, etc., of certain international organisations: Article 6ter of Paris Convention, etc.

58 Notification under Article 6ter of Paris Convention, etc.

59 Acts of agent or representative: Article 6septies of the Paris Convention, etc.

Part VIII COLLECTIVE MARKS AND CERTIFICATION MARKS

60 Collective marks

61 Certification marks

Part IX ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS

The Registrar

62 Registrar of Trade Marks and other officers

63 Delegation by Registrar

64 Registry of Trade Marks

65 Seal of Registry

The Register

66 The register

67 Rectification or correction of register

68 Inspection of and extract from register

Powers and duties of Registrar

69 Costs awarded by Registrar

70 Security for costs

71 Evidence before Registrar

72 Disobedience to summons an offence

73 Refusal to give evidence an offence

74 Exclusion of liability in respect of official acts

75 Appeals from Registrar

Forms, fees, hours of business and publication

76 Forms and directions of Registrar

77 Fees

78 Hours of business and excluded days

79 Publication of trade mark applications, etc.

Trade mark agents

80 Recognition of agents

Part X ASSISTANCE BY BORDER AUTHORITIES

Border enforcement measures

81 Interpretation of this Part

82 Restriction of importation of infringing goods

83 Security for liability or expense of seizure

84 Secure storage of seized goods

85 Notice of seizure

86 Inspection, release, etc., of seized goods

87 Forfeiture of seized goods by consent

88 Compulsory release of seized goods to importer

89 Compensation for failure to take action

90 Actions for infringement of registered trade mark

91 Retention of control of seized goods

92 Disposal of seized goods ordered to be forfeited

93 Insufficient security

93A Detention and examination of counterfeit goods

Powers of search

94 Powers of search in relation to vessels, aircraft and vehicles

95 Examination of packages, etc.

96 Power to remove packages and goods to police station or examination station

97 Search of persons and baggage

98 Powers of authorised officers to enter certain premises

99 Obstruction

100 Immunity of Government, etc.

Part XI MISCELLANEOUS AND GENERAL PROVISIONS

101 Registration to be prima facie evidence

102 Certificate of validity of contested registration

103 Certificate of Registrar

104 Costs of proceedings before Court

105 Burden of proving use of trade mark

105A Composition of offences

106 Jurisdiction of Courts

107 Offence committed by partnership or body corporate

108 Power to make rules

109 Transitional provisions

FIRST SCHEDULE Collective Marks

SECOND SCHEDULE Certification Marks

THIRD SCHEDULE Transitional Provisions

Legislative Source Key

Legislative History

Comparative Table

Introductory

Registered trade marks

4.

—(1) A registered trade mark is a property right obtained by the registration of the trade mark under this Act and the proprietor of a registered trade mark has the rights and remedies provided by this Act.

(2) No proceedings shall lie to prevent or recover damages for the infringement of an unregistered trade mark as such; but nothing in this Act shall affect the law relating to passing off or rights under the Geographical Indications Act (Cap. 117B).

[UK Trade Marks Act 1994, s. 2; Trade Marks 1992 Ed., s. 49, 53]