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Contents

Long Title

Part I PRELIMINARY

Part II REGISTRATION OF TRADE MARKS

Introductory

Application for registration of trade mark

Grounds for refusal of registration

Priority

Registration procedure

Series of trade marks

Duration, renewal and alteration of registered trade mark

Cancellation, revocation and invalidity

Miscellaneous

Part III RIGHTS AND REMEDIES OF PROPRIETOR OF REGISTERED TRADE MARK

Rights of proprietor of registered trade mark

Infringement proceedings

Part IV REGISTERED TRADE MARK AS OBJECT OF PROPERTY

Part V LICENSING

Part VI OFFENCES

Part VII INTERNATIONAL MATTERS

The Madrid Protocol, etc.

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

Part VIII COLLECTIVE MARKS AND CERTIFICATION MARKS

Part IX ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS

The Registrar

The Register

Powers and duties of Registrar

Forms, fees, hours of business and publication

Trade mark agents

Part X ASSISTANCE BY BORDER AUTHORITIES

Border enforcement measures

Powers of search

Part XI MISCELLANEOUS AND GENERAL PROVISIONS

FIRST SCHEDULE Collective Marks

SECOND SCHEDULE Certification Marks

THIRD SCHEDULE Transitional Provisions

Legislative Source Key

Legislative History

Comparative Table

 
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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 02/07/2007.
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Powers and duties of Registrar
Costs awarded by Registrar
69.
—(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 party to proceedings brought before him.
(2)  The rules may provide for the taxation of the costs, or any part of the costs, by the Registrar.
(3)  A party desirous to obtain costs or to have the costs taxed must apply to the Registrar in accordance with the rules.
(4)  If a party is ordered to pay the costs of another party, the costs may be recovered in a court of competent jurisdiction as a debt due by the first party to the other party.
[Aust. Trade Marks Act 1995, s. 221]
Security for costs
70.  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 the registration of a trade mark to be revoked or to be declared invalid, 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 the proceedings.
[Aust. Trade Marks Act 1995, s. 222]
Evidence before Registrar
71.  The Registrar may, for the purposes of any proceedings before him under this Act —
(a)
summon witnesses;
(b)
receive evidence on oath, whether orally or otherwise; and
(c)
require the production of documents or articles.
[Patents 1995 Ed., s. 8]
Disobedience to summons an offence
72.
—(1)  A person who has been summoned to appear as a witness before the Registrar shall not, without lawful excuse, fail to appear in obedience to the summons.
(2)  A person who has been required by the Registrar to produce a document or article shall not, without lawful excuse, fail to produce the document or article.
(3)  Any person who contravenes subsection (1) or (2) 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 to both.
[Patents 1995 Ed., s. 9]
Refusal to give evidence an offence
73.
—(1)  A person who appears before the Registrar shall not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce documents or articles, or to answer questions, which he 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 to both.
[Patents 1995 Ed., s. 10]
Exclusion of liability in respect of official acts
74.
—(1)  The Office and the Registrar shall not be taken to warrant the validity of the registration of a trade mark under this Act or under any treaty, convention, arrangement or engagement to which Singapore is a party.
[3/2001]
(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 such examination.
[3/2001]
(3)  No proceedings shall lie against an officer of the Office or the Registrar in respect of any matter for which, by virtue of this section, the Office or the Registrar is not liable.
[UK Trade Marks Act 1994, s. 70]
[3/2001]
Appeals from Registrar
75.
—(1)  Except as provided under subsection (2) or by rules made under this Act, there shall be no appeal from a decision of the Registrar for any matter under this Act or the rules made thereunder.
(2)  The following shall be subject to appeal to the Court:
(a)
decision of the Registrar as to the registrability of a trade mark;
(b)
decision of the Registrar not to allow any alteration of a registered trade mark as described in section 20;
(c)
decision of the Registrar relating to an application for revocation under section 22;
(d)
decision of the Registrar relating to an application for a declaration of invalidity under section 23;
(e)
decision of the Registrar under section 67.