Singapore legislation
Clause 27
Clause 27
Acts amounting to infringement of registered trade mark
(1)
A person infringes a registered trade mark if, without the consent of the proprietor of the trade mark, he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered.
(2)
A person infringes a registered trade mark if, without the consent of the proprietor of the trade mark, he uses in the course of trade a sign where because —
the sign is identical with the trade mark and is used in relation to goods or services similar to those for which the trade mark is registered; or
the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered,there exists a likelihood of confusion on the part of the public.
(3)
A person infringes a registered trade mark which is well known in Singapore if —
without the consent of the proprietor of the trade mark, he uses in the course of trade a sign which is identical with or similar to the trade mark, in relation to goods or services which are not similar to those for which the trade mark is registered;
the use of the trade mark in relation to those goods or services would indicate a connection between those goods or services and the proprietor and would be likely to cause confusion to the public;
there exists a likelihood of confusion on the part of the public because of such use; and
the interests of the proprietor are likely to be damaged by such use.
(4)
For the purposes of this section, sections 28 and 29, a person uses a sign if, in particular, he —
applies it to goods or the packaging thereof;
offers or exposes goods for sale, puts them on the market or stocks them for those purposes under the sign, or offers or supplies services under the sign;
imports or exports goods under the sign;
uses the sign on an invoice, wine list, catalogue, business letter, business paper, price list or other commercial document; or
uses the sign in advertising.
(5)
Notwithstanding subsection (4), a person who applies a sign to any material used or intended to be used for labelling or packaging goods, or who uses it on any document described in subsection (4)(d) or in advertising, is deemed not to use the sign if, at the time of such application or use, he does not know nor has reason to believe that the proprietor or a licensee of the registered trade mark did not consent to such application or use of the sign.
(6)
Nothing in subsections (1) to (5) shall be construed as preventing the use of a registered trade mark by any person for the purpose of identifying goods or services as those of the proprietor or a licensee, but any such use otherwise than in accordance with honest practices in industrial or commercial matters shall be treated as infringing the registered trade mark if the use without due cause takes unfair advantage of, or is detrimental to, the distinctive character or repute of the trade mark.