Singapore legislation

Section 8

of Consumer Protection(Trade Descriptions and Safety Requirements) Act 1975

Section 8

Trade marks containing trade descriptions

A trade description which is or is part of a trade mark within the meaning of the Trade Marks Act 1998 may be a false trade description when applied to any goods, except where all of the following conditions are satisfied:

(a)

it could have been lawfully applied to the goods if this Act had not been passed;

(b)

on 1 August 1975 the trade mark either is registered under the Trade Marks Act 1998 or is in use to indicate a connection in the course of trade between those goods and the proprietor of the trade mark;

(c)

the trade mark as applied is used to indicate such a connection between the goods and the proprietor of the trade mark or a registered user of the trade mark under the Trade Marks Act 1998;

(d)

the person who is the proprietor of the trade mark is the same person as, or a successor in title of, the proprietor on 1 August 1975.