On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 02/07/2007.
Cancellation, revocation and invalidity
21.
—(1) A registered trade mark may be cancelled by the proprietor in respect of some or all of the goods or services for which it is registered.
(2) The Minister may make rules —
(a)
to provide for the manner and effect of a cancellation; and
(b)
for protecting the interests of other persons having a right in the registered trade mark.
[UK Trade Marks Act 1994, s. 45]
22.
—(1) The registration of a trade mark may be revoked on any of the following grounds:
(a)
that, within the period of 5 years following the date of completion of the registration procedure, it has not been put to genuine use in the course of trade in Singapore, by the proprietor or with his consent, in relation to the goods or services for which it is registered, and there are no proper reasons for non-use;
(b)
that such use has been suspended for an uninterrupted period of 5 years, and there are no proper reasons for non-use;
(c)
that, in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for the product or service for which it is registered;
(d)
that, in consequence of the use made of it by the proprietor or with his consent in relation to the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.
(2) For the purposes of subsection (1), use of a trade mark includes use in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, and use in Singapore includes applying the trade mark to goods or to materials for the labelling or packaging of goods in Singapore solely for export purposes.
(3) The registration of a trade mark shall not be revoked on the ground mentioned in paragraph (a) or (b) of subsection (1) if such use as is referred to in that paragraph is commenced or resumed after the expiry of the 5 year period and before the application for revocation is made.
(4) Any commencement or resumption of use referred to in subsection (3) after the expiry of the 5 year period but within the period of 3 months before the making of the application for revocation shall be disregarded unless preparations for the commencement or resumption began before the proprietor became aware that the application might be made.
(5) An application for revocation may be made by any person, and may be made either to the Registrar or to the Court, except that —
(a)
if proceedings concerning the trade mark in question are pending in the Court, the application must be made to the Court; and
(b)
if in any other case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the Court.
(6) Where grounds for revocation exist in respect of only some of the goods or services for which the trade mark is registered, revocation shall relate to those goods or services only.
(7) Where the registration of a trade mark is revoked to any extent, the rights of the proprietor shall be deemed to have ceased to that extent as from —
(a)
the date of the application for revocation; or
(b)
if the Registrar or the Court is satisfied that the grounds for revocation existed at an earlier date, that date.
[UK Trade Marks Act 1994, s. 46]
23.
—(1) The registration of a trade mark may be declared invalid on the ground that the trade mark was registered in breach of section 7.
(2) Where the registered trade mark was registered in breach of section 7 in that it is a trade mark referred to in subsection (1)(b), (c) or (d) of that section, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration acquired a distinctive character in relation to the goods or services for which it is registered.
(3) The registration of a trade mark may be declared invalid on the ground —
(a)
that there is an earlier trade mark in relation to which —
(i)
the conditions set out in section 8(1) or (2) apply;
(ii)
where the trade mark has been registered pursuant to an application for registration of the trade mark made before 1st July 2004, the conditions set out in section 8(3) apply; or
(iii)
where the trade mark has been registered pursuant to an application for registration of the trade mark made on or after 1st July 2004, the conditions set out in section 8(4) apply; or
(b)
that there is an earlier right in relation to which the condition set out in section 8(7) is satisfied,
unless the proprietor of that earlier trade mark or other earlier right has consented to the registration.
[20/2004]
(4) The registration of a trade mark may be declared invalid on the ground of fraud in the registration or that the registration was obtained by misrepresentation.
(5) An application for a declaration of invalidity may be made by any person, and may be made either to the Registrar or to the Court, except that —
(a)
if proceedings concerning the trade mark in question are pending in the Court, the application must be made to the Court; and
(b)
if in any other case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the Court.
(6) An application for a declaration of invalidity of the registration of a trade mark on the ground that it was in breach of section 7(7) shall not be made after the expiry of 5 years from —
(a)
the date of completion of the registration procedure; or
(b)
the date on which use of the trade mark by the person who applied for its registration or his predecessor in title has become generally known in Singapore,
whichever is the earlier, unless the applicant shows that the registration of the trade mark was applied for in bad faith.
[20/2004]
(7) An application for a declaration of invalidity of the registration of a trade mark on the ground that there is an earlier trade mark in relation to which the conditions set out in section 8(3) or (4) apply —
(a)
shall not be made after the expiry of 5 years from 1st July 2004 or the date of completion of the registration procedure, whichever is the later, unless the applicant for the declaration shows that —
(i)
the registration of the later trade mark was applied for in bad faith; or
(ii)
the later trade mark was never used; and
(b)
shall not be granted if the registration of the later trade mark was applied for before the earlier trade mark became well known in Singapore, unless the applicant for the declaration shows that the registration of the later trade mark was applied for in bad faith.
[20/2004]
(8) In deciding whether the registration of the later trade mark was applied for in bad faith, it shall be relevant to consider whether the applicant for the registration of the later trade mark had, at the time his application was made, knowledge of, or reason to know of, the earlier trade mark.
[20/2004]
(9) Where the ground of invalidity exists in respect of only some of the goods or services for which the trade mark is registered, the trade mark shall be declared invalid as regards those goods or services only.
(10) Where the registration of a trade mark is declared invalid to any extent, the registration shall to that extent be deemed never to have been made, but this shall not affect transactions past and closed.
[UK Trade Marks Act 1994, s. 47; TRIPS Art. 24.7]
24.
—(1) Where the proprietor of an earlier trade mark or other earlier right has acquiesced for a continuous period of 5 years in the use in the course of trade of a registered trade mark in Singapore, being aware of that use, there shall cease to be any entitlement on the basis of that earlier trade mark or other right —
(a)
to apply for a declaration that the registration of the later trade mark is invalid; or
(b)
to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used,
unless the registration of the later trade mark was applied for in bad faith.
(2) Where subsection (1) applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade mark or, as the case may be, the exploitation of the earlier right, notwithstanding that the earlier trade mark or right may no longer be invoked against his later trade mark.
(3) For the purposes of subsection (1), in deciding whether the registration of the later trade mark was applied for in bad faith, it shall be relevant to consider whether the applicant for the registration of the later trade mark had, at the time his application was made, knowledge of, or reason to know of, the earlier trade mark or other right.
[UK Trade Marks Act 1994, s. 48]
[20/2004]