Singapore legislation
Section 9
Section 9
Raising of relative grounds in case of honest concurrent use
(1)
Where, on an application for the registration of a trade mark, it appears to the Registrar —
that there is an earlier trade mark in relation to which the conditions set out in section 8(1), (2) or (3) apply; or
that there is an earlier right in relation to which the condition set out in section 8(7) is satisfied,but the applicant shows to the satisfaction of the Registrar that there has been honest concurrent use in the course of trade in Singapore of the trade mark for which registration is sought, the Registrar must not refuse the application by reason of the earlier trade mark or other earlier right unless objection on that ground is raised in opposition proceedings by the proprietor of that earlier trade mark or other earlier right.
(2)
Nothing in this section affects —
the refusal of registration on the grounds mentioned in section 7; or
the making of an application for a declaration of invalidity under section 23(3).