Clause 5

by deleting subsection (3) and substituting the following subsections:“(3) Where an application for registration of a trade mark is made before 1st July 2004, if the trade mark —

is identical with or similar to an earlier trade mark; and

is to be registered for goods or services which are not similar to those for which the earlier trade mark is protected,the later trade mark shall not be registered if —

the earlier trade mark is well known in Singapore;

use of the later trade mark in relation to the goods or services for which the later trade mark is sought to be registered would indicate a connection between those goods or services and the proprietor of the earlier trade mark;

there exists a likelihood of confusion on the part of the public because of such use; and

the interests of the proprietor of the earlier trade mark are likely to be damaged by such use.(3A) Subject to subsection (3B), where an application for registration of a trade mark is made on or after 1st July 2004, if the whole or an essential part of the trade mark is identical with or similar to an earlier trade mark, the later trade mark shall not be registered if —

the earlier trade mark is well known in Singapore; and

use of the later trade mark in relation to the goods or services for which the later trade mark is sought to be registered —

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

if the earlier 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 earlier trade mark; or

would take unfair advantage of the distinctive character of the earlier trade mark.(3B) A trade mark shall not be refused registration by virtue of subsection (3A) if the application for the registration of the trade mark was filed before the earlier trade mark became well known in Singapore, unless it is shown that the application was made in bad faith.(3C) In deciding whether any such application was made in bad faith, it shall be relevant to consider whether the applicant had, at the time the application was made, knowledge of, or reason to know of, the earlier trade mark.”; and

by inserting, immediately after subsection (6), the following subsection:“(6A) The Registrar may, in his discretion, register any trade mark referred to in subsection (3), (3A) or (4) where the proprietor of the earlier trade mark or other earlier right fails to give notice to the Registrar of opposition to the registration in accordance with section 13.”.