Clause 2

In this Act, unless the context otherwise requires —

“business” includes a trade or profession;

“certification mark” has the meaning assigned to it in section 61;

“collective mark” has the meaning assigned to it in section 60;

“Convention country” means a country or territory, other than Singapore, which is a party to the Paris Convention or a member of the World Trade Organisation;

“Court” means the High Court;

“earlier trade mark” means —

“geographical indication” has the same meaning as in section 2 of the Geographical Indications Act 1998;

“international trade mark (Singapore)” has the meaning given to it under section 54;

“Paris Convention” means the Convention for the Protection of Industrial Property signed at Paris on 20th March 1883, as revised or amended from time to time;

“proprietor”, in relation to a registered trade mark, means the person in whose name the trade mark is registered;

“register” means the register of trade marks maintained by the Registrar under section 66;

“Registrar” means the Registrar of Trade Marks referred to in section 62 and includes any Deputy Registrar of Trade Marks referred to in that section;

“Registry” means the Registry of Trade Marks established under section 64;

“repealed Act” means the Trade Marks Act (Cap. 332) repealed by this Act;

“sign” includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or any combination thereof;

“trade” includes any business or profession;

“trade mark” means any visually perceptible sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person;

“TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property Rights, set out in Annex 1C to the WTO Agreement, as revised or amended from time to time;

“WTO Agreement” means the World Trade Organisation Agreement signed in Marrakesh in 1994 as revised or amended from time to time.

References in this Act to a trade mark include any trade mark which relates to a service that is ancillary to goods or services dealt with or provided in the course of trade by a person, whether or not the service is provided for money or money’s worth.

References in this Act to a trade mark include, unless the context otherwise requires, a collective mark or certification mark.

References in this Act to use (or any particular description of use) of a trade mark, or of a sign identical with, similar to, or likely to be mistaken for a trade mark, include use (or that description of use) otherwise than by means of a graphic representation.

References in this Act to registration (in particular, in the expression “registered trade mark”) are, unless the context otherwise requires, to registration in the register.

In this Act, a sign is taken to be applied to goods, material or any other thing if it is woven in, impressed on, worked into, or affixed or annexed to, the goods, material or thing.

In deciding, for the purposes of this Act, whether a trade mark is well known in Singapore, one shall take into account the extent to which the trade mark is known within the relevant sector of the public, whether as a result of the promotion of the trade mark or any other reason.