Clause 26

A well known trade mark shall be entitled to protection under this section —

whether or not the trade mark has been registered in Singapore, or an application for the registration of the trade mark has been made to the Registrar; and

whether or not the proprietor of the trade mark carries on business, or has any goodwill, in Singapore.(2) Subject to subsections (6) and (7), the proprietor of a well known trade mark shall be entitled to restrain by injunction the use in Singapore, in the course of trade and without the proprietor’s consent, of any trade mark which, or an essential part of which, is identical with or similar to the proprietor’s trade mark, in relation to identical or similar goods or services, where the use is likely to cause confusion.(3) Subject to subsections (6) and (7), the proprietor of a well known trade mark shall be entitled to restrain by injunction the use in Singapore, in the course of trade and without the proprietor’s consent, of any trade mark which, or an essential part of which, is identical with or similar to the proprietor’s trade mark, in relation to any goods or services, where the use of the trade mark —

would indicate a connection between those goods or services and the proprietor, and is likely to damage the interests of the proprietor; or

if the proprietor’s trade mark is well known to the public at large in Singapore —

would cause dilution in an unfair manner of the distinctive character of the proprietor’s trade mark; or

would take unfair advantage of the distinctive character of the proprietor’s trade mark.(4) Subject to subsections (6) and (7), the proprietor of a well known trade mark shall be entitled to restrain by injunction the use in Singapore without the proprietor’s consent of any business identifier which, or an essential part of which, is identical with or similar to the proprietor’s trade mark, where the use of the business identifier —

would indicate a connection between the business in respect of which it is used and the proprietor, and is likely to damage the interests of the proprietor; or

if the proprietor’s trade mark is well known to the public at large in Singapore —

would cause dilution in an unfair manner of the distinctive character of the proprietor’s trade mark; or

would take unfair advantage of the distinctive character of the proprietor’s trade mark.(5) If the Court grants an injunction under subsection (4) restraining the use by any business of any business identifier, the Court may make such other order as the Court deems fit in respect of any entry in any record maintained by any person, body or authority which associates that business with that business identifier.(6) The proprietor shall not be entitled to the right referred to in subsection (2), (3) or (4) if the use of the trade mark or business identifier, as the case may be, began before the proprietor’s trade mark became well known in Singapore, unless the trade mark or business identifier has been used in bad faith.(7) The proprietor shall cease to be entitled to the right referred to in subsection (2), (3) or (4) if the proprietor has acquiesced for a continuous period of 5 years in the use of the trade mark or business identifier, as the case may be, in Singapore, being aware of that use, unless the trade mark or business identifier has been used in bad faith.(8) In deciding whether the trade mark or business identifier, as the case may be, has been used in bad faith, it shall be relevant to consider whether the person who used the trade mark or business identifier had, at the time he began to use the trade mark or business identifier, knowledge of, or reason to know of, the proprietor’s trade mark.(9) Nothing in subsection (2) shall affect the continuation of any use referred to therein in good faith of a trade mark that was begun before 15th January 1999.(10) Nothing in subsection (3) or (4) shall affect the continuation of any use referred to therein in good faith of a trade mark or business identifier, as the case may be, that was begun before 1st July 2004.(11) For the purposes of this section and sections 55A, 56, 57 and 59, “use”, in relation to a trade mark, means use within the meaning of section 27(4).Permitted use of well known trade marks55A.—

Notwithstanding section 55, the proprietor of a well known trade mark shall not be entitled to restrain by injunction the use in Singapore, in accordance with honest practices in industrial or commercial matters, by any person of —

the name of —

the person himself;

the person’s place of business;

the person’s predecessor in business; or

the place of business of the person’s predecessor in business;

any sign to indicate —

the kind, quality, quantity, intended purpose, value, geographical origin or other characteristic of goods or services; or

the time of production of goods or of the rendering of services; or

the trade mark to indicate the intended purpose of goods (in particular as accessories or spare parts) or services.(2) Notwithstanding section 55, the proprietor of a well known trade mark shall not be entitled to restrain by injunction the use in Singapore of any registered trade mark in relation to goods or services for which the latter is registered.(3) Notwithstanding section 55, the proprietor of a well known trade mark shall not be entitled to restrain by injunction the use in Singapore of the trade mark if such use —

constitutes fair use in comparative commercial advertising or promotion;

is for a non-commercial purpose; or

is for the purpose of news reporting or news commentary.”.