Singapore legislation
Section 24
Section 24
Effect of acquiescence
(1)
Where the proprietor of an earlier trade mark or other earlier right has acquiesced for a continuous period of 5 years in the use in the course of trade of a registered trade mark in Singapore, being aware of that use, there ceases to be any entitlement on the basis of that earlier trade mark or other right —
to apply for a declaration that the registration of the later trade mark is invalid; or
to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used,unless the registration of the later trade mark was applied for in bad faith.
(2)
Where subsection (1) applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade mark or (as the case may be) the exploitation of the earlier right, even though the earlier trade mark or right may no longer be invoked against the proprietor’s later trade mark.
(3)
For the purposes of subsection (1), in deciding whether the registration of the later trade mark was applied for in bad faith, it is relevant to consider whether the applicant for the registration of the later trade mark had, at the time the applicant’s application was made, knowledge of, or reason to know of, the earlier trade mark or other right.