On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 31/07/2005.
8.
—(1) A trade mark shall not be registered if it is identical with an earlier trade mark and the goods or services for which the trade mark is sought to be registered are identical with the goods or services for which the earlier trade mark is protected.
(2) A trade mark shall not be registered if because —
(a)
it is identical with an earlier trade mark and is to be registered for goods or services similar to those for which the earlier trade mark is protected; or
(b)
it is similar to an earlier trade mark and is to be registered for goods or services identical with or similar to those for which the earlier trade mark is protected,
there exists a likelihood of confusion on the part of the public.
(3) Where an application for registration of a trade mark is made before 1st July 2004, if the trade mark —
(a)
is identical with or similar to an earlier trade mark; and
(b)
is to be registered for goods or services which are not similar to those for which the earlier trade mark is protected,
the later trade mark shall not be registered if —
(i)
the earlier trade mark is well known in Singapore;
(ii)
use of the later trade mark in relation to the goods or services for which the later trade mark is sought to be registered would indicate a connection between those goods or services and the proprietor of the earlier trade mark;
(iii)
there exists a likelihood of confusion on the part of the public because of such use; and
(iv)
the interests of the proprietor of the earlier trade mark are likely to be damaged by such use.
[20/2004]
(4) Subject to subsection (5), where an application for registration of a trade mark is made on or after 1st July 2004, if the whole or an essential part of the trade mark is identical with or similar to an earlier trade mark, the later trade mark shall not be registered if —
(a)
the earlier trade mark is well known in Singapore; and
(b)
use of the later trade mark in relation to the goods or services for which the later trade mark is sought to be registered —
(i)
would indicate a connection between those goods or services and the proprietor of the earlier trade mark, and is likely to damage the interests of the proprietor of the earlier trade mark; or
(ii)
if the earlier trade mark is well known to the public at large in Singapore —
(A)
would cause dilution in an unfair manner of the distinctive character of the earlier trade mark; or
(B)
would take unfair advantage of the distinctive character of the earlier trade mark.
[20/2004]
(5) A trade mark shall not be refused registration by virtue of subsection (4) if the application for the registration of the trade mark was filed before the earlier trade mark became well known in Singapore, unless it is shown that the application was made in bad faith.
[20/2004]
(6) In deciding whether any such application was made in bad faith, it shall be relevant to consider whether the applicant had, at the time the application was made, knowledge of, or reason to know of, the earlier trade mark.
[20/2004]
(7) A trade mark shall not be registered if, or to the extent that, its use in Singapore is liable to be prevented —
(a)
by virtue of any rule of law (in particular, the law of passing off) protecting an unregistered trade mark or other sign used in the course of trade; or
(b)
by virtue of an earlier right other than those referred to in subsections (1), (2) and (3) or paragraph (a), in particular by virtue of the law of copyright or any law with regard to the protection of designs.
(8) A person entitled under subsection (7) to prevent the use of a trade mark is referred to in this Act as the proprietor of an earlier right in relation to the trade mark.
(9) The Registrar may, in his discretion, register a trade mark where the proprietor of the earlier trade mark or other earlier right consents to the registration.
(10) The Registrar may, in his discretion, register any trade mark referred to in subsection (3), (4) or (7) where the proprietor of the earlier trade mark or other earlier right fails to give notice to the Registrar of opposition to the registration in accordance with section 13.
[20/2004]
(11) A trade mark which is an earlier trade mark by virtue of paragraph (a) of the definition of “earlier trade mark” in section 2(1) and whose registration expires, shall continue to be taken into account in determining the registrability of a later mark for a period of one year after the expiry, unless the Registrar is satisfied that there was no bona fide use of the mark during the 2 years immediately preceding the expiry.
[UK Trade Marks Act 1994, s. 5; TRIPS Art. 16]