Singapore legislation

Section 57

of Trade Marks Act 1998

Section 57

Emblems, etc., of certain international organisations: Article 6ter of Paris Convention, etc.

(1)

This section applies to —

(a)

the armorial bearings, flags or other emblems; and

(b)

the abbreviations and names,of international intergovernmental organisations of which one or more Convention countries are members.

(2)

A trade mark which consists of or contains any such emblem, abbreviation or name which is protected under the Paris Convention or the TRIPS Agreement must not be registered without the authorisation of the international organisation concerned, unless it appears to the Registrar that the use of the emblem, abbreviation or name in the manner proposed —

(a)

is not such as to suggest to the public that a connection exists between the organisation and the trade mark; or

(b)

is not likely to mislead the public as to the existence of a connection between the user and the organisation.

(3)

The provisions of this section as to emblems of an international organisation apply equally to anything which from a heraldic point of view imitates any such emblem.

(4)

Where by virtue of this section the authorisation of an international organisation is or would be required for the registration of a trade mark, that organisation is entitled to restrain by injunction any use in the course of trade of the trade mark in Singapore without its authorisation.

(5)

Nothing in this section affects the rights of a person whose bona fide use of the trade mark in question began before 23 February 1995 (when the relevant provisions of the Paris Convention entered into force in relation to Singapore).