On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 21/12/1998.
Priority
10.
—(1) If —
(a)
a person has filed an application for the registration of a trade mark in a Convention country (referred to in this section as a Convention application); and
(b)
within 6 months after the date on which the Convention application is made, he or his successor in title applies under this Act for the registration of the trade mark in respect of some or all of the goods or services in respect of which registration was sought in that Convention country,
he or his successor in title may, when filing the application under this Act, claim a right of priority for the registration of the trade mark in respect of all or any of those goods or services.
(2) The priority claimed is for the registration of the trade mark in respect of the goods or services from (and including) the date on which the application was filed in that Convention country.
(3) The registrability of a trade mark shall not be affected by any use of the trade mark in Singapore in the period between the date of filing of the Convention application and the date of application under this Act.
(4) Any filing which in a Convention country is equivalent to a regular national filing, under its domestic legislation or an international agreement, shall be treated as giving rise to the right of priority.
(5) For the purposes of subsection (4), “regular national filing” means a filing which is adequate to establish the date on which the application was filed in the Convention country, whatever may be the subsequent fate of the application.
(6) Where a subsequent application concerning the same subject as an earlier Convention application was filed in the same Convention country, and —
(a)
the earlier application has been withdrawn, abandoned or refused, without having been laid open to public inspection and without leaving any rights outstanding; and
(b)
the earlier application has not yet served as a basis for claiming a right of priority,
the date the subsequent application was filed, rather than that of the earlier application, shall be considered the starting date of the period of priority under subsection (2), and the earlier application may not thereafter serve as a basis for claiming priority.
(7) The Minister may make rules as to the manner of claiming priority under this section.
(8) A right to priority arising under this section may be assigned or otherwise transmitted, either with the application or independently, and the reference in subsection (1) to the applicant’s “successor in title” shall be construed accordingly.
11.
—(1) The Minister may by order confer on a person who has filed an application for the registration of a trade mark in a country or territory to which the Government has entered into a treaty, convention, arrangement or engagement for the reciprocal protection of 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 that application.
(2) An order under this section may make provision corresponding to that set out in section 10 or such other provision as appears to the Minister to be appropriate.