Singapore legislation

Section 102

of Trade Marks Act 1998

Section 102

Certificate of validity of contested registration

Amended by23/201923/2019

(1)

If in any proceedings before the Registrar or the Court the validity of the registration of a trade mark to any extent is contested and it is found by the Registrar or the Court that the registration of the trade mark is wholly or partially valid, the Registrar or the Court may give a certificate to that effect and the fact that the validity of the registration was so contested.

Amended by23/2019

(2)

Where a certificate is given under subsection (1) and in subsequent proceedings before the Registrar or the Court —

(a)

the validity of the registration is again questioned; and

(b)

the proprietor obtains a final order or judgment in the proprietor’s favour relying on the validity of the registration as found in the earlier proceedings,the proprietor is entitled to the proprietor’s costs as between solicitor and client unless the Registrar or the Court directs otherwise.

Amended by23/2019

(3)

Subsection (2) does not extend to the costs of an appeal in any such proceedings.