Singapore legislation

Clause 7

of Tobacco (Control of Advertisements and Sale) (Amendment) Bill

Clause 7

New sections 38 and 39

The principal Act is amended by inserting, immediately after section 37, the following sections:“Operation of Act not to affect registrability or registration of trade marks

38. Nothing in, or done in accordance with, this Act or any regulations made for the purpose of section 17 —

(a)

prevents an applicant for registration of a trade mark from stating, for the purpose of section 5(2)(e)(ii) of the Trade Marks Act, that the applicant has a bona fide intention to use the trade mark in the course of trade, by the applicant or with the applicant’s consent, in relation to any goods or services in respect of which the applicant seeks to register the trade mark;

(b)

prevents the registration of a trade mark under the Trade Marks Act;

(c)

prevents a trade mark mentioned in paragraph (a) of the definition of “earlier trade mark” in section 2(1) of the Trade Marks Act from being taken into account, for the purpose of section 8(11) of that Act, in determining the registrability of a later mark; or

(d)

is a ground to revoke the registration of a trade mark under section 22 of the Trade Marks Act, or to declare the registration of a trade mark invalid under section 23 of that Act.Operation of Act not to affect registrability or registration of designs39.—

(1)

Nothing in, or done in accordance with, this Act or any regulations made for the purpose of section 17 —

(a)

prevents the registration of a design under the Registered Designs Act (Cap. 266); or (b)is a ground to revoke the registration of a registered design under section 27 of the Registered Designs Act.(2) In this section, “design” and “registered design” have the meanings given by section 2(1) of the Registered Designs Act.”.