Requested version was 07 Aug 2007; Clost available version is 02 Jul 2007; Generated on 07 Aug 2007 09:29:11(GMT+8). TRADE MARKS ACT
(CHAPTER 332)
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 ction 54)]
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 INTRODUCTORY4 Registered trade marks APPLICATION FOR REGISTRATION OF TRADE MARK 5 Application for registration 5A Division of application for registration 6 Classification of goods and rvices
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 ca of honest concurrent u
PRIORITY 10 Claim to priority of Convention application 11 Claim to priority from other relevant overas 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 ries of trade marks DURATION, RENEWAL AND ALTERATION OF REGISTERED TRADE MARK
Front Page [ Jump to: Front Page / Arrangement of Provisions / Actual Provisions ]History Act 46 of
1998 ->1999 REVISED EDITION ->2005REVISED EDITION Arrangement of Provisions [ Jump to: Front Page / Arrangement of Provisions / Actual Provisions ]
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
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25 Amendment of other documents
PART III
亲和力英文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
travian42 Licensing of registered trade mark
43 Exclusive licences
44 General provisions as to rights of licenes in ca of infringement
45 Exclusive licene having rights and remedies of assignee
河北教育考试院成绩查询
PART VI
OFFENCES
46 Counterfeiting a trade mark
47 Fally applying a registered trade mark to goods or rvices
48 Making or posssing of article for committing offence
49 Importing or lling, etc., goods with fally applied trade mark
50 Falsification of register, etc.
51 Fally reprenting trade mark as registered
52 Reprentation 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 u of well known trade marks
56 National emblems, etc., of Convention countries: Article 6ter of Paris Convention, etc.宵夜英文
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 reprentative: Article 6pties 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
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67 Rectification or correction of register
68 Inspection of and extract from register
POWERS AND DUTIES OF REGISTRAR
69 Costs awarded by Registrar
70 Security for costs
71 Evidence before Registrar
72 Disobedience to summons an offence
73 Refusal to give evidence an offence
74 Exclusion of liability in respect of official acts
75 Appeals from Registrar
FORMS, FEES, HOURS OF BUSINESS AND PUBLICATION
76 Forms and directions of Registrar
77 Fees
78 Hours of business and excluded daysgear
79 Publication of trade mark applications, etc.
TRADE MARK AGENTS
80 Recognition of agents
PART X
ASSISTANCE BY BORDER AUTHORITIES
BORDER ENFORCEMENT MEASURES
81 Interpretation of this Part
82 Restriction of importation of infringing goods
83 Security for liability or expen of izure
84 Secure storage of ized goods
85 Notice of izure
86 Inspection, relea, etc., of ized goods
87 Forfeiture of ized goods by connt
88 Compulsory relea of ized goods to importer
89 Compensation for failure to take action
90 Actions for infringement of registered trade mark
91 Retention of control of ized goods
92 Disposal of ized goods ordered to be forfeited
93 Insufficient curity
93A Detention and examination of counterfeit goods
POWERS OF SEARCH
94 Powers of arch in relation to vesls, aircraft and vehicles
95 Examination of packages, etc.
96 Power to remove packages and goods to police station or examination station
97 Search of persons and baggage
98 Powers of authorid officers to enter certain premis
99 Obstruction
100 Immunity of Government, etc.
PART XI
MISCELLANEOUS AND GENERAL PROVISIONS
101 Registration to be prima facie evidence
102 Certificate of validity of contested registration
103 Certificate of Registrar
104 Costs of proceedings before Court
105 Burden of proving u of trade mark
105A Composition of offences
106 Jurisdiction of Courts
107 Offence committed by partnership or body corporate
108 Power to make rules
109 Transitional provisions
FIRST SCHEDULE
COLLECTIVE MARKS
SECOND SCHEDULE
CERTIFICATION MARKS
THIRD SCHEDULE
TRANSITIONAL PROVISIONS
LEGISLATION HISTORY
COMPARATIVE TABLE
Actual Provisions[ Jump to: Front Page / Arrangement of Provisions/ Actual Provisions ]
TRADE MARKS ACT
(CHAPTER 332)
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]
高级口译[31st October 2000 — (for ction 54)]
Notes:— Unless otherwi stated, the abbreviations ud in the references to other Acts and statutory provisions are references to the following Acts and statutory provisions. The references are provided for convenience and are not part of the Act:
UK Trade Marks Act 1994: UK Trade Marks Act 1994 (c. 26)
Aust. Trade Marks Act 1995: Australia Trade Marks Act (Commonwealth, 1995 Act) Copyright 1988 Ed.: Singapore Copyright Act (Chapter 63, 1988 Revid Edition) Patents 1995 Ed.: Singapore Patents Act (Chapter 221, 1995 Revid Edition) Trade Marks 1992 Ed.: Singapore Trade Marks Act (Chapter 332, 1992 Revid Edition) TRIPS Agreement on Trade-Related Aspects of Intellectual Property七夕节英文
Rights
Paris Convention: Paris Convention for the Protection of Industrial Property of
March 20th, 1883, as revid or amended from time to time.
PART I
PRELIMINARY
2015年考研Short title
1. This Act may be cited as the Trade Marks Act.
Interpretation
2.—(1) In this Act, unless the context otherwi requires —
"business" includes a trade or profession;
"business identifier" means any sign capable of being reprented graphically which is ud to
identify any business;
"certification mark" has the meaning assigned to it in ction 61;
"collective mark" has the meaning assigned to it in ction 60;
"Convention country" means —
(a) in ction 10 and paragraph 13 of the Third Schedule, a country or territory, other than
Singapore, which is —
(i) a party to the Paris Convention; or
(ii) a member of the World Trade Organisation; and
(b) in any other provision of this Act, a country or territory which is —
(i) a party to the Paris Convention; or
(ii) a member of the World Trade Organisation;
"Court" means the High Court;
"dilution" , in relation to a trade mark, means the lesning of the capacity of the trade mark to identify and distinguish goods or rvices, regardless of whether there is —
(a) any competition between the proprietor of the trade mark and any other party; or
(b) any likelihood of confusion on the part of the public;
"earlier trade mark" means —
(a) a registered trade mark or an international trade mark (Singapore), the application for
registration of which was made earlier than the trade mark in question, taking
account (where appropriate) of the priorities claimed in respect of the trade marks; or
(b) a trade mark which, at the date of application for registration of the trade mark in
question or (where appropriate) of the priority claimed in respect of the application, was a
well known trade mark,
and includes a trade mark in respect of which an application for registration has been made and which, if registered, would be an earlier trade mark by virtue of paragraph (a) subject to its being so registered;
