On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 21/12/1998.
Rights of proprietor of registered trade mark
26.
—(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 his trade mark.
(3) The acts amounting to infringement of a registered trade mark are set out in section 27, and references in this Act to the infringement of a registered trade mark shall be construed accordingly.
(4) The rights shall accrue to the proprietor as from the date of registration of the trade mark, except that —
(a)
no infringement proceedings may be begun before the date on which the trade mark is in fact registered; and
(b)
no offence under section 46, 47, 48 or 49 is committed by anything done before the date on which the trade mark is in fact registered.
(5) the trade mark is registered subject to any disclaimer or limitation, the rights of the proprietor are restricted by the disclaimer or limitation.
27.
—(1) A person infringes a registered trade mark if, without the consent of the proprietor of the trade mark, he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered.
(2) A person infringes a registered trade mark if, without the consent of the proprietor of the trade mark, he uses in the course of trade a sign where because —
(a)
the sign is identical with the trade mark and is used in relation to goods or services similar to those for which the trade mark is registered; or
(b)
the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered,
there exists a likelihood of confusion on the part of the public.
(3) A person infringes a registered trade mark which is well known in Singapore if —
(a)
without the consent of the proprietor of the trade mark, he uses in the course of trade a sign which is identical with or similar to the trade mark, in relation to goods or services which are not similar to those for which the trade mark is registered;
(b)
the use of the trade mark in relation to those goods or services would indicate a connection between those goods or services and the proprietor and would be likely to cause confusion to the public;
(c)
there exists a likelihood of confusion on the part of the public because of such use; and
(d)
the interests of the proprietor are likely to be damaged by such use.
(4) For the purposes of this section, sections 28 and 29, a person uses a sign if, in particular, he —
(a)
applies it to goods or the packaging thereof;
(b)
offers or exposes goods for sale, puts them on the market or stocks them for those purposes under the sign, or offers or supplies services under the sign;
(c)
imports or exports goods under the sign;
(d)
uses the sign on an invoice, wine list, catalogue, business letter, business paper, price list or other commercial document; or
(e)
uses the sign in advertising.
(5) Notwithstanding subsection (4), a person who applies a sign to any material used or intended to be used for labelling or packaging goods, or who uses it on any document described in subsection (4)(d) or in advertising, is deemed not to use the sign if, at the time of such application or use, he does not know nor has reason to believe that the proprietor or a licensee of the registered trade mark did not consent to such application or use of the sign.
(6) Nothing in subsections (1) to (5) shall be construed as preventing the use of a registered trade mark by any person for the purpose of identifying goods or services as those of the proprietor or a licensee, but any such use otherwise than in accordance with honest practices in industrial or commercial matters shall be treated as infringing the registered trade mark if the use without due cause takes unfair advantage of, or is detrimental to, the distinctive character or repute of the trade mark.
28.
—(1) Notwithstanding section 27, a person does not infringe a registered trade mark when —
(a)
he uses —
(i)
his name or the name of his place of business; or
(ii)
the name of his predecessor in business or the name of his predecessor’s place of business;
(b)
he uses a sign to indicate —
(i)
the kind, quality, quantity, intended purpose, value, geographical origin or other characteristic of goods or services; or
(ii)
the time of production of goods or of the rendering of services; or
(c)
he uses the trade mark to indicate the intended purpose of goods (in particular as accessories or spare parts) or services,
and such use is in accordance with honest practices in industrial or commercial matters.
(2) Notwithstanding section 27, a person does not infringe a registered trade mark by using an unregistered trade mark that is identical with or similar to the registered trade mark in relation to goods or services identical with or similar to those for which the trade mark is registered if he, or he and his predecessor in title, have continuously used in the course of trade the unregistered trade mark in relation to those goods or services from a time before —
(a)
the date of registration of the registered trade mark; or
(b)
the date the proprietor of the registered trade mark, or a predecessor in title, or a person who was a registered user of the trade mark under the repealed Act, first used the trade mark,
whichever is the earlier.
(3) Notwithstanding section 27, a registered trade mark is not infringed by the use of another registered trade mark in relation to goods or services for which the latter is registered.
29.
—(1) Notwithstanding section 27, a registered trade mark is not infringed by the use of the trade mark in relation to goods which have been put on the market, whether in Singapore or outside Singapore, under that trade mark by the proprietor of the registered trade mark or with his express or implied consent (conditional or otherwise).
(2) Subsection (1) does not apply where the condition of the goods has been changed or impaired after they have been put on the market, and the use of the registered trade mark in relation to those goods is detrimental to the distinctive character or repute of the registered trade mark.
30.
—(1) An applicant for registration of a trade mark, or the proprietor of a registered trade mark, may —
(a)
disclaim any right to the exclusive use of any specified element of the trade mark; or
(b)
agree that the rights conferred by the registration shall be subject to a specified territorial or other limitation,
and where the registration of a trade mark is subject to a disclaimer or limitation, the rights conferred by section 26 are restricted accordingly.
(2) The Minister may make rules as to the publication and entry in the register of a disclaimer or limitation.