Singapore legislation
Section 73B
Section 73B
When trade mark deemed applied
(1)
A trade mark shall be deemed to be applied to goods if it is woven in, impressed on, worked into, or annexed or affixed to, the goods.
(2)
A trade mark shall be deemed to be applied to goods if —
it is applied to the goods themselves; or
it is applied to a covering, label, reel or thing in or with which the goods are sold or exposed or had in possession for a purpose of trade or manufacture.
(3)
A trade mark shall be deemed to be applied to goods or services if it is used in —
a manner likely to lead to the belief that it refers to, describes or designates the goods or services;
a sign or advertisement, including a televised advertisement; or
an invoice, wine list, catalogue, business letter, business paper, price list or other commercial document,and goods are delivered, or services provided, as the case may be, to a person in pursuance of a request or order made by reference to the trade mark as so used.
(4)
For the purposes of this section, “covering” includes a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper, and “label” includes a band or ticket.
(5)
A registered trade mark shall be deemed to be falsely applied to goods or services if, without the assent of the registered proprietor of the trade mark or of a registered user of the trade mark, the trade mark or a mark substantially identical with it is applied to the goods or services.
(6)
In a prosecution for falsely applying a registered trade mark to goods or services, the burden of proving the assent of the registered proprietor or a registered user lies on the defendant.