Singapore legislation
Clause 41
Clause 41
Grounds for refusal of registration
(1)
The following shall not be registered:
an indication which does not fall within the meaning of “geographical indication” as defined in section 2;
a geographical indication which identifies goods that do not fall within any of the categories of goods set out in the Schedule;
a geographical indication which is contrary to public policy or morality;
a geographical indication which is not or has ceased to be protected in its country or territory of origin;
a geographical indication which is identical to the common name of any goods in Singapore, where registration of the geographical indication is sought in relation to those goods;
a geographical indication which contains the name of a plant variety or an animal breed and is likely to mislead the consumer as to the true origin of the product.
(2)
For the purposes of subsection (1)(e), any marketing material in Singapore which uses a geographical indication shall be relevant evidence that the geographical indication is not the common name of any goods in Singapore, if the marketing material suggests (for example, by using words or pictures) in a misleading manner that the goods to which the marketing material relate originate in the geographical origin of the geographical indication, when those goods originate elsewhere.
(3)
Subject to section 42, a geographical indication shall not be registered if there exists a likelihood of confusion on the part of the public because the geographical indication is identical with or similar to, and has the same geographical origin as, an earlier geographical indication.
(4)
Subject to subsection (7), a geographical indication shall not be registered if there exists a likelihood of confusion on the part of the public because —
the geographical indication is identical with or similar to a trade mark; and
the trade mark fulfils either or both of the conditions specified in subsection (5).
(5)
The conditions referred to in subsection (4)(b) are as follows:
the trade mark is a registered trade mark or an international trade mark (Singapore), and taking into account (where appropriate) the priorities claimed in respect of the trade mark under the Trade Marks Act (Cap. 332) —
the application for the registration of the trade mark was made in good faith; or
the trade mark was registered in good faith,under the Trade Marks Act or any previous written law relating to trade marks, before the date of application for registration of the geographical indication in Singapore;
the trade mark has been used in good faith in Singapore in the course of trade before the date of application for registration of the geographical indication in Singapore.
(6)
Subject to subsection (7), a geographical indication that is identical with or similar to a trade mark shall not be registered if —
the trade mark is, before the date of application for registration of the geographical indication in Singapore, a well known trade mark in Singapore; and
registration of the geographical indication is liable to mislead consumers as to the true identity of the goods identified by that geographical indication.
(7)
The Registrar may, in his discretion, register any geographical indication referred to in subsection (4) or (6), if the proprietor of the trade mark referred to in subsection (4) or (6), as the case may be —
consents to the registration; or
fails to give notice to the Registrar of his opposition to the registration in accordance with section 45(2).
(8)
In this section, “marketing material” includes material used for labelling or packaging goods, or for advertising goods.