On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 21/12/1998.
The Paris Convention and the TRIPS Agreement supplementary provisions
55.
—(1) References in this section to a trade mark which is entitled to protection under the Paris Convention or the TRIPS Agreement as a well-known trade mark are to a mark which is well-known in Singapore as being the mark of a person who —
(a)
is a national of a Convention country; or
(b)
is domiciled in, or has a real and effective industrial or commercial establishment in, a Convention country,
whether or not that person carries on business, or has any goodwill, in Singapore, and references to the proprietor of such a mark shall be construed accordingly.
(2) The proprietor of a trade mark which is entitled to protection under the Paris Convention or the TRIPS Agreement as a well-known trade mark is entitled to restrain by injunction the use in Singapore in the course of trade and without the proprietor’s consent of a trade mark which, or the essential part of which, is identical with or similar to the proprietor’s mark, in relation to identical or similar goods or services, where the use is likely to cause confusion.
(3) The right referred to in subsection (2) is subject to section 24.
(4) Nothing in subsection (2) shall affect the continuation of any bona fide use of a trade mark begun before the commencement of this Act.
(5) For the purposes of this section and sections 56, 57 and 59, “use”, in relation to a trade mark, means use within the meaning of section 27(4).
56.
—(1) A trade mark which consists of or contains the flag of a Convention country shall not be registered without the authorisation of the competent authorities of that country, unless it appears to the Registrar that use of the flag in the manner proposed is permitted without such authorisation.
(2) A trade mark which consists of or contains the armorial bearings or any other state emblem of a Convention country which is protected under the Paris Convention or the TRIPS Agreement shall not be registered without the authorisation of the competent authorities of that country.
(3) A trade mark which consists of or contains an official sign or hallmark adopted by a Convention country and indicating control and warranty shall not, where the sign or hallmark is protected under the Paris Convention or the TRIPS Agreement, be registered in relation to goods or services of the same, or a similar kind, as those in relation to which it indicates control and warranty, without the authorisation of the competent authorities of the country concerned.
(4) The provisions of this section as to national flags and other state emblems, and official signs or hallmarks, apply equally to anything which from a heraldic point of view imitates any such flag or other emblem, or sign or hallmark.
(5) Nothing in this section prevents the registration of a trade mark on the application of a national of a country who is authorised to make use of a state emblem, or official sign or hallmark, of that country, notwithstanding that it is similar to that of another country.
(6) Where by virtue of this section the authorisation of the competent authorities of a Convention country is or would be required for the registration of a trade mark, those authorities are entitled to restrain by injunction any use in the course of trade of the trade mark in Singapore without their authorisation.
57.
—(1) This section shall apply to —
(a)
the armorial bearings, flags or other emblems; and
(b)
the abbreviations and names,
of international intergovernmental organisations of which one or more Convention countries are members.
(2) A trade mark which consists of or contains any such emblem, abbreviation or name which is protected under the Paris Convention or the TRIPS Agreement shall not be registered without the authorisation of the international organisation concerned, unless it appears to the Registrar that the use of the emblem, abbreviation or name in the manner proposed —
(a)
is not such as to suggest to the public that a connection exists between the organisation and the trade mark; or
(b)
is not likely to mislead the public as to the existence of a connection between the user and the organisation.
(3) The provisions of this section as to emblems of an international organisation apply equally to anything which from a heraldic point of view imitates any such emblem.
(4) Where by virtue of this section the authorisation of an international organisation is or would be required for the registration of a trade mark, that organisation is entitled to restrain by injunction any use in the course of trade of the trade mark in Singapore without its authorisation.
(5) Nothing in this section shall affect the rights of a person whose bona fide use of the trade mark in question began before 23rd February 1995 (when the relevant provisions of the Paris Convention entered into force in relation to Singapore).
58.
—(1) For the purposes of section 56, state emblems of a Convention country (other than the national flag), and official signs or hallmarks, shall be regarded as protected under the Paris Convention or the TRIPS Agreement only if, or to the extent that —
(a)
the country in question has notified Singapore in accordance with Article 6ter (3) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, that it desires to protect that emblem, sign or hallmark;
(b)
the notification remains in force; and
(c)
Singapore has not objected to it in accordance with Article 6ter (4) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, or any such objection has been withdrawn.
(2) For the purposes of section 57, the emblems, abbreviations and names of an international organisation shall be regarded as protected under the Paris Convention or the TRIPS Agreement only if, or to the extent that —
(a)
the organisation in question has notified Singapore in accordance with Article 6ter (3) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, that it desires to protect that emblem, abbreviation or name;
(b)
the notification remains in force; and
(c)
Singapore has not objected to it in accordance with Article 6ter (4) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, or any such objection has been withdrawn.
(3) Notification under Article 6ter (3) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, shall have effect only in relation to applications for registration made more than 2 months after the receipt of the notification.
(4) The Registrar shall keep and make available for public inspection by any person, at all reasonable hours and free of charge, a list of —
(a)
the state emblems and official signs or hallmarks; and
(b)
the emblems, abbreviations and names of international organisations,
which are for the time being protected under the Paris Convention or the TRIPS Agreement by virtue of a notification under Article 6ter(3) of that Convention or under that Article as applied by the TRIPS Agreement.
59.
—(1) Subsections (2) to (6) shall apply where an application for registration of a trade mark is made by a person who is an agent or representative of a person who is the proprietor of the trade mark in a Convention country.
(2) If the proprietor opposes the application, registration shall be refused.
(3) If the application (not being so opposed) is granted, the proprietor may —
(a)
apply for a declaration of the invalidity of the registration; or
(b)
apply for the rectification of the register so as to substitute his name as the proprietor of the registered trade mark.
(4) The proprietor may (notwithstanding the rights conferred by this Act in relation to a registered trade mark) by injunction restrain any use in the course of trade of the trade mark in Singapore which is not authorised by him.
(5) Subsections (2), (3) and (4) shall not apply if, or to the extent that, the agent or representative justifies his action.
(6) An application under subsection (3)(a) or (b) must be made within 3 years of the proprietor becoming aware of the registration; and no injunction shall be granted under subsection (4) in respect of a use in which the proprietor has acquiesced for a continuous period of 3 years or more.