Singapore legislation
Clause 43
Clause 43
Examination
(1)
The Registrar shall examine whether an application for registration of a geographical indication satisfies the requirements of this Act (including any requirements imposed by rules made under this Act).
(2)
For the purpose of subsection (1), the Registrar may carry out a search, to such extent as he considers necessary, of earlier trade marks and earlier geographical indications.
(3)
If it appears to the Registrar that the requirements for registration are not met or that additional information or evidence is required to meet those requirements, the Registrar shall inform the applicant and give him an opportunity, within such period as may be prescribed, to make representations, to amend the application or to furnish the additional or any other information or evidence.
(4)
If the applicant responds within the period referred to in subsection (3) but fails to satisfy the Registrar that those requirements are met, or to amend the application or furnish the additional information or evidence so as to meet them, the Registrar may refuse to accept the application.
(5)
If the applicant fails to respond within the period referred to in subsection (3), the application shall be treated as abandoned.
(6)
If it appears to the Registrar that the requirements for registration are met, the Registrar shall accept the application.
(7)
For the purpose of this section, “earlier trade mark” means —
a registered trade mark or an international trade mark (Singapore), the application for registration of which was made earlier than the application for registration of the geographical indication in question, taking into account (where appropriate) the priorities claimed in respect of the trade mark under the Trade Marks Act (Cap. 332); or
a trade mark which, at the date of application for registration of the geographical indication in question, was a well known trade mark,and includes a trade mark in respect of which an application for registration has been made and which, if registered, would be an earlier trade mark by virtue of paragraph (a) subject to its being so registered.