PART V
INTERNATIONAL APPLICATIONS ORIGINATING IN SINGAPORE
27.
—(1) An applicant for the registration of a trade mark, or the proprietor of a registered trade mark may, subject to the provisions of this rule, apply through the Registrar for the international registration of the trade mark.
(2) An application for international registration shall be filed in English and may be made only where the applicant for such registration is —
(a)
a citizen of Singapore;
(b)
a body or corporation incorporated or constituted under the law of Singapore;
(c)
a person domiciled in Singapore; or
(d)
a person who has a real and effective industrial or commercial establishment in Singapore.
(3) The particulars appearing in the application shall correspond with the particulars appearing at that time in the basic application or basic registration, as the case may be.
(4) The applicant shall provide at the request of the Registrar such evidence as may be necessary to satisfy him that the applicant is eligible to make the application in accordance with paragraph (2).
(5) The applicant shall, at the time of filing his application, file with the Registrar an address for service in Singapore on Form MP 3.
[S 372/2004 wef 01/07/2004]
(6) If the international application complies with the requirements set out in this rule, the Registrar shall submit the international application to the International Bureau.
(7) In this rule and rule 28 —
“basic application”, in relation to an application for international registration, means an application for registration of a trade mark in Singapore in respect of which the application for international registration is made;
“basic registration”, in relation to an application for international registration, means a trade mark registered in Singapore in respect of which the application for international registration is made.
28.
—(1) Where the Registrar has submitted an application for international registration, he shall notify the International Bureau of the occurrence of any of the events specified in paragraph (2), and shall request the International Bureau to cancel the international registration as regards those goods or services covered by the international application in respect of which the basic application or basic registration has ceased to subsist by reason of that event.
(2) The events referred to in paragraph (1) are as follows:
(a)
before the expiry of the period of 5 years from the date of the international registration, the Registrar —
(i)
refuses to accept the basic application as regards some or all of the goods or services covered by the international registration; or
(ii)
after accepting the application, refuses to register the trade mark as regards some or all of those goods or services, having regard to matters coming to his notice since he accepted the application,
and in either case that decision becomes a final decision, whether before or after the expiry of that period of 5 years;
(aa)
the basic application —
(i)
is, before the expiry of the period of 5 years from the date of the international registration, treated as withdrawn under —
(A)
rule 9(6)(a), 21(5) or 24(2) of the Trade Marks Rules (R 1);
(B)
(C)
rule 7(3) or 8(3A) of the Second Schedule to the Act; and
(ii)
is not reinstated under rule 77B of the Trade Marks Rules, whether before or after the expiry of that period of 5 years.
[S 162/2007 wef 02/07/2007]
(b)
opposition proceedings begun before the expiry of the period of 5 years from the date of the international registration resulting in a final decision not to register the trade mark as regards some or all of the goods or services covered by the international registration;
(c)
the basic application is withdrawn, or is restricted as regards goods or services covered by the international registration, as a result of a request by the applicant made —
(i)
before the expiry of the period of 5 years from the date of the international registration; or
(ii)
subsequently when the basic application was at the time of the request subject to an appeal against refusal of registration or to opposition proceedings, begun in either case before the expiry of the period of 5 years;
(d)
the registration resulting from the basic application or the basic registration expires without renewal and is removed from the register before the expiry of the period of 5 years from the date of the international registration, and no request for its restoration is made within the period specified in rule 53 of the Trade Marks Rules (R 1); or such a request is made and a final decision is made refusing the request;
(e)
a final decision is made to revoke or declare invalid the registration resulting from the basic application or the basic registration, as a result of proceedings begun before the expiry of the period of 5 years from the date of the international registration;
(f)
the registration resulting from the basic application or the basic registration is cancelled as a result of a request by the proprietor made before the expiry of the period of 5 years from the date of the international registration, or made subsequently where, at the time of the request —
(i)
the registration resulting from the basic application or the basic registration was subject to proceedings for revocation or invalidation; and
(ii)
such proceedings were begun before the expiry of the period of 5 years from the date of the international registration.
(3) For the purposes of this rule —
(a)
a final decision shall be regarded as made where —
(i)
any right of appeal against the decision expires or is exhausted; or
(ii)
proceedings relating to an application or registration are discontinued or abandoned; and
(b)
a reference to an application being withdrawn includes its being deemed withdrawn, abandoned, or never to have been made.