On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 21/12/1998.
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) A trade mark which —
(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,
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.
(4) 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.
(5) A person entitled under subsection (4) 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.
(6) 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.
(7) 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.