Singapore legislation
Clause 23
Clause 23
Grounds for invalidity of registration
(1)
The registration of a trade mark may be declared invalid on the ground that the trade mark was registered in breach of section 7.
(2)
Where the registered trade mark was registered in breach of section 7 in that it is a trade mark referred to in subsection (1)(b), (c) or (d) of that section, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration acquired a distinctive character in relation to the goods or services for which it is registered.
(3)
The registration of a trade mark may be declared invalid on the ground —
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(4) is satisfied,unless the proprietor of that earlier trade mark or other earlier right has consented to the registration.
(4)
The registration of a trade mark may be declared invalid on the ground of fraud in the registration or that the registration was obtained by misrepresentation.
(5)
An application for a declaration of invalidity may be made by any person, and may be made either to the Registrar or to the Court, except that —
if proceedings concerning the trade mark in question are pending in the Court, the application must be made to the Court; and
if in any other case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the Court.
(6)
An application for a declaration of invalidity of the registration of a trade mark on the basis that it was in breach of section 7(7) shall not be made after the expiry of 5 years from —
the date of registration of the trade mark; or
the date on which use of the trade mark by the person who applied for its registration or his predecessor in title has become generally known in Singapore,whichever is the earlier, unless the applicant shows to the satisfaction of the Registrar that the registration of the trade mark was applied for in bad faith.
(7)
Where the ground of invalidity exists in respect of only some of the goods or services for which the trade mark is registered, the trade mark shall be declared invalid as regards those goods or services only.
(8)
Where the registration of a trade mark is declared invalid to any extent, the registration shall to that extent be deemed never to have been made, but this shall not affect transactions past and closed.