Singapore legislation

Section 55A

of Trade Marks Act 1998

Section 55A

Permitted use of well known trade marks

(1)

Despite section 55, the proprietor of a well known trade mark is not entitled to restrain by injunction the use in Singapore, in accordance with honest practices in industrial or commercial matters, by any person of —

(a)

the name of —

(i)

the person himself or herself;

(ii)

the person’s place of business;

(iii)

the person’s predecessor in business; or

(iv)

the place of business of the person’s predecessor in business;

(b)

any sign to indicate —

(i)

the kind, quality, quantity, intended purpose, value, geographical origin or other characteristic of goods or services; or

(ii)

the time of production of goods or of the rendering of services; or

(c)

the trade mark to indicate the intended purpose of goods (in particular as accessories or spare parts) or services.

(2)

Despite section 55, the proprietor of a well known trade mark is not entitled to restrain by injunction the use in Singapore of any registered trade mark in relation to goods or services for which the latter is registered.

(3)

Despite section 55, the proprietor of a well known trade mark is not entitled to restrain by injunction the use in Singapore of the trade mark if such use —

(a)

constitutes fair use in comparative commercial advertising or promotion;

(b)

is for a non-commercial purpose; or

(c)

is for the purpose of news reporting or news commentary.

Read in full context — Trade Marks Act 1998 →