TRADE MARKS ACT
(CHAPTER 332)
History |
Act 46 of 1998 |
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1999 REVISED EDITION |
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2005 REVISED EDITION |
An Act to establish a new law for trade marks, to enable Singapore to give effect to certain international conventions on intellectual property and for matters connected therewith.
[15th January 1999] [31st October 2000 — (for section 54)]
Arrangement of Provisions | |
PART I PRELIMINARY 1 Short title 2 Interpretation 3 Meaning of infringing goods, material or articles and counterfeit goods or trade mark
PART II REGISTRATION OF TRADE MARKS
INTRODUCTORY 4 Registered trade marks APPLICATION FOR REGISTRATION OF TRADE MARK 5 Application for registration 5A Division of application for registration 6 Classification of goods and services GROUNDS FOR REFUSAL OF REGISTRATION 7 Absolute grounds for refusal of registration 8 Relative grounds for refusal of registration 9 Raising of relative grounds in case of honest concurrent use PRIORITY 10 Claim to priority of Convention application 11 Claim to priority from other relevant overseas application
REGISTRATION PROCEDURE 12 Examination of application 13 Publication and opposition proceedings 14 Withdrawal, restriction or amendment of application 15 Registration 16 Revocation of acceptance
SERIES OF TRADE MARKS 17 Registration of series of trade marks DURATION, RENEWAL AND ALTERATION OF REGISTERED TRADE MARK 18 Duration of registration 19 Renewal of registration 20 Alteration of registered trade mark CANCELLATION, REVOCATION AND INVALIDITY 21 Cancellation of registered trade mark 22 Revocation of registration 23 Grounds for invalidity of registration 24 Effect of acquiescence MISCELLANEOUS 25 Amendment of other documents
PART III RIGHTS AND REMEDIES OF PROPRIETOR OF REGISTERED TRADE MARK RIGHTS OF PROPRIETOR OF REGISTERED TRADE MARK 26 Rights conferred by registered trade mark 27 Acts amounting to infringement of registered trade mark 28 Acts not amounting to infringement 29 Exhaustion of rights conferred by registered trade mark 30 Registration subject to disclaimer or limitation INFRINGEMENT PROCEEDINGS 31 Action for infringement 32 Order for erasure, etc., of offending sign 33 Order for delivery up of infringing goods, material or articles 34 Order as to disposal of infringing goods, material or articles 35 Remedy for groundless threats of infringement proceedings
PART IV REGISTERED TRADE MARK AS OBJECT OF PROPERTY 36 Nature of registered trade mark 37 Co-ownership of registered trade mark 38 Assignment, etc., of registered trade mark 39 Registration of transactions affecting registered trade mark 40 Trusts and equities 41 Application for registration of trade mark as object of property
PART V LICENSING 42 Licensing of registered trade mark 43 Exclusive licences 44 General provisions as to rights of licensees in case of infringement 45 Exclusive licensee having rights and remedies of assignee
PART VI OFFENCES 46 Counterfeiting a trade mark 47 Falsely applying a registered trade mark to goods or services 48 Making or possessing of article for committing offence 49 Importing or selling, etc., goods with falsely applied trade mark 50 Falsification of register, etc. 51 Falsely representing trade mark as registered 52 Representation on trade marks of Arms or Flags prohibited, etc. 53 Forfeiture and destruction of goods, etc., on conviction 53A Enforcement measures
PART VII INTERNATIONAL MATTERS THE MADRID PROTOCOL, ETC. 54 Power to make provision giving effect to Madrid Protocol, etc. THE PARIS CONVENTION, THE TRIPS AGREEMENT AND WELL KNOWN TRADE MARKS: SUPPLEMENTARY PROVISIONS 55 Protection of well known trade marks 55A Permitted use of well known trade marks 56 National emblems, etc., of Convention countries: Article 6ter of Paris Convention, etc. 57 Emblems, etc., of certain international organisations: Article 6ter of Paris Convention, etc. 58 Notification under Article 6ter of Paris Convention, etc. 59 Acts of agent or representative: Article 6septies of the Paris Convention, etc.
PART VIII COLLECTIVE MARKS AND CERTIFICATION MARKS 60 Collective marks 61 Certification marks
PART IX ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS THE REGISTRAR 62 Registrar of Trade Marks and other officers 63 Delegation by Registrar 64 Registry of Trade Marks 65 Seal of Registry
THE REGISTER 66 The register 67 Rectification or correction of register 68 Inspection of and extract from register
POWERS AND DUTIES OF REGISTRAR