Clause 24

by deleting the words “section 11(7)” in the fifth line of subsection (1)(a) and substituting the words “section 12(8)”;

by deleting the proviso to subsection (1) and substituting the following proviso:“Provided that (except where the applicant has been permitted under section 25 to register an identical or nearly resembling trade mark in respect of the goods or services in question or where the court is of opinion that he might properly be permitted so to register such a trade mark) the court may refuse an application made under paragraph (a) or (b) in relation to any goods or services, if it is shown that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any registered proprietor thereof for the time being in relation to goods or services in respect of which the trade mark is registered, being —

where the application relates to goods, goods of the same description as those goods or services that are associated with those goods; or

where the application relates to services, services of the same description as those services or goods that are associated with those services.”;

by inserting, immediately after subsection (2), the following subsection:“(2A) Where in relation to any services in respect of which a trade mark is registered —

the matters referred to in subsection (1)(b) are shown so far as regards non-use of the trade mark in relation to services for use or available for acceptance in Singapore, or for use in a country or territory outside Singapore; and

a person has been permitted under section 25 to register an identical or nearly resembling trade mark in respect of those services under a registration extending to use in relation to services for use or available for acceptance in Singapore or for use in that country or territory, or the court is of the opinion that he might properly be permitted so to register such a trade mark,on application by that person to the court, the court may impose on the registration of the first-mentioned trade mark such limitations as the court thinks proper for securing that the registration shall cease to extend to such use as last aforesaid.”; and

by deleting the words “or for the purposes of subsection (2)” in the second and third lines of subsection (3) and substituting “(2) or (2A)”.