Clause 2

by deleting the definition of “limitations” and substituting the following definition:“ “limitations” means any limitations of the exclusive right to the use of a trade mark given by the registration of a person as proprietor of the trade mark, including limitations of that right as to mode of use, or as to use in relation to —

goods to be sold, or otherwise traded in, within Singapore;

goods to be exported to any market outside Singapore;

services for use or available for acceptance within Singapore; or

services for use in any place outside Singapore;”;

by inserting, immediately after the definition of “mark”, the following definition:“ “permitted use” has the meaning assigned to it by section 30(2);”;

by inserting, immediately after the definition of “prescribed”, the following definition:“ “provision”, in relation to services, means their provision for money or money’s worth;”;

by inserting, immediately after the definition of “register”, the following definition:“ “registered proprietor”, in relation to a trade mark, means the person for the time being entered in the register as proprietor of the trade mark;”;

by deleting the definitions of “Registrar” and “trade mark” and substituting the following definitions:“ “Registrar” means the Registrar of Trade Marks and includes any Deputy Registrar of Trade Marks holding office under this Act;“Registry” means the Registry of Trade Marks established under this Act;“the expiration of the last registration”, in relation to a registered trade mark, means the date of expiration of the original registration of the trade mark or of the last renewal of registration, as the case may be;“trade mark” means —

except in relation to a defensive or a certification trade mark, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate, a connection in the course of trade between the goods or services and a person who has the right, either as proprietor or as registered user, to use the mark, whether with or without an indication of the identity of that person;

in relation to a defensive trade mark, a mark registered under section 41; and

in relation to a certification trade mark, a mark registered under section 68;”; and

by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsections:“(2) References in this Act to —

the use of a trade mark shall be construed as references to the use of a printed or other visual representation of the mark;

the use of a trade mark in relation to goods shall be construed as references to the use of the mark upon, or in physical or other relation to, goods; and

the use of a trade mark in relation to services shall be construed as references to the use of the mark as or as part of any statement about the availability or performance of services or otherwise in relation to services.(3) For the purposes of this Act, goods and services are associated with each other if it is likely that those goods might be sold or otherwise traded in and those services might be provided by the same business, and a description of goods and a description of services are associated with each other if it is likely that the description of goods might be sold or otherwise traded in and the description of services might be provided by the same business.(4) References in this Act to a near resemblances of marks are references to a resemblance so near as to be likely to deceive or cause confusion.”.