Trade Marks Rules

In these Rules, unless the context otherwise requires —[Deleted by S 743/2014 wef 13/11/2014][Deleted by S 743/2014 wef 13/11/2014][Deleted by S 743/2014 wef 13/11/2014](2) Unless the context otherwise requires, the word “month”, wherever it occurs in any decision, direction or other document issued by the Registrar, means calendar month.(3) Any period of time fixed by these Rules or by any decision, direction or other document for the doing of any act shall be reckoned in accordance with paragraphs (4), (5) and (6).(4) Where the act is required to be done within a specified period from or after a specified date, the specified period begins immediately after that date.(5) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.(6) Where the act is required to be done within a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.

The fees specified in the First Schedule shall be payable to the Registrar in respect of the matters specified in that Schedule.

Unless otherwise provided for in these Rules, or the Registrar permits or directs otherwise —

Subject to paragraph (4), a fee must be paid using the mode of payment permitted or directed by the Registrar.

Where the electronic online system is used to carry out an act referred to in rule 78A(2), the fee payable in connection with that act must, unless otherwise permitted or directed by the Registrar, be paid using the mode of payment designated by the electronic online system.

The Registrar may refuse to accept or process any document filed at the Registry that fails to comply with the Act or these Rules.

Every document filed at the Registry shall —

Every document filed at the Registry must be filed in accordance with the requirements relating to its size, durability, legibility or format specified in any practice direction issued by the Registrar.

Where the Registrar refuses to accept any document that does not comply with paragraph (2) or (3), the Registrar shall give the applicant a notice stating the manner in which the document does not comply with paragraph (2) or (3), as the case may be.

Where any document filed at the Registry is a copy, the Registrar may —

The Registrar may require the filing of a hard copy of any document filed using the electronic online system.

The Registrar shall publish on the Office’s Internet website at http://www.ipos.gov.sg the forms to be used for any purpose relating to the registration of a trade mark or any other proceedings before the Registrar under the Act.

The Registrar may modify any form in any particular case or class of cases.

The Registrar may accept, in lieu of any form, any other document which is filed with the Registry for any purpose for which the form was published, if the document —

Any reference in these Rules to a numbered form shall be construed as a reference to the current version of the form which bears the corresponding number and is described in the Second Schedule.

The matters referred to in the Act, including sections 5(1), 5A(2), 13(3) and 67(5) of the Act, shall be filed with, made to or given to, the Registrar, or done in an effective and efficient manner by means which may be specified by the Registrar by the issuance of practice directions.

A document to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by —

A document to be signed for or on behalf of a body corporate shall be signed by a director, the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the body corporate.

A document to be signed by or on behalf of an unincorporated body or association of persons may be signed by any person who appears to the Registrar to be qualified to so sign.

For the purposes of this rule, “document” means a document to be given or sent to, filed with or served on the Registrar in respect of any matter under the Act or these Rules.

Where the Act or these Rules authorise or require any document to be given or sent to, filed with or served on the Registrar or the Registry, the giving, sending, filing or service must be effected on the Registrar or the Registry (as the case may be) by sending an electronic communication of the document using the electronic online system.

Where the Act or these Rules authorise or require a party to give or send a document to, or serve a document on, another party (other than the Registrar or Registry), the giving, sending or service may be effected —

Where the Act or these Rules authorise or require any notice or other document to be given or sent to or served on any party by the Registrar or Registry, the Registrar or Registry may effect the giving, sending or service on the party —

Subject to paragraph (3B), the Registrar may, in a particular case, permit the giving, sending, filing or serving of a document in a manner other than provided by paragraph (1) or (2).

However, the use of electronic means under paragraph (2)(d), (3)(b) or (3A), other than the use of the electronic online system, must be with the consent (express or implied) of —

Where any notice or other document is sent by post under paragraph (2) or (3), the giving, sending or service, as the case may be, of the notice or other document shall, until the contrary is proved, be treated as having been effected at the time at which the notice or document would have been delivered in the ordinary course of post.

For the purposes of paragraphs (2) and (3), a notice or other document is sent to a party by post if the notice or other document is sent by pre-paid post to the party at his address for service referred to in rule 9 or 10.

[Deleted by S 433/2020 wef 05/06/2020]

Notwithstanding the availability of an address for service filed in accordance with rule 9, where any notice or other document is given, sent, filed or served by sending an electronic communication in the manner permitted by paragraph (2)(ca) or (d), (3)(b) or (3A), it shall be taken to have been duly given, sent to or served on the person.

Service of any notice or other document under the Act or these Rules on a person by electronic communication using the electronic online system may be effected only if the person is registered as an account holder in accordance with any practice directions issued by the Registrar under rule 78A(3).

A notice or other document sent, filed or served by means of an electronic communication (other than the electronic online system) is treated as sent, filed or served —

A notice or other document that is —

For the purposes of paragraph (7B), the notice or other document is treated as sent to, filed with or served on, and received by, the Registrar or the party if and only if the last byte of the transmission containing the notice or other document is received by the server mentioned in that paragraph.

Any person who sends, files or serves a notice or other document by means of the electronic online system may produce a record of transmission issued through that system as evidence of —

[Deleted by S 743/2014 wef 13/11/2014]

This rule shall not apply to notices and documents to be served in proceedings in court.

Where any person is by the Act or these Rules required to furnish the Registrar with an address, the address furnished shall be as full as possible for the purpose of enabling any person to find easily the place indicated by the address.

The Registrar may require the address to include the name of the street, the number of the block of building, the number of the premises or name of premises, if any, and the postal code.

For the purposes of any proceedings before the Registrar, an address for service in Singapore shall be filed in accordance with paragraph (2) or (5) by or on behalf of —

Where the application for a matter requires an address for service in Singapore to be furnished, the address for service in Singapore shall be furnished on the form filed for the matter.

The filing of an address for service in accordance with paragraph (2) shall be effective only for the matter for which the form is filed.

Notwithstanding paragraph (3) —

In a case where paragraphs (2) and (4) do not apply, the address for service shall be furnished in writing.

Where an address for service is not filed by or on behalf of a person as required by paragraph (1), and no address for service is effective for the purposes of any of the proceedings mentioned in paragraph (4), the Registrar may, subject to paragraph (6A), treat the person’s trade or business address in Singapore as that person’s address for service for the purposes of those proceedings.

Where the trade or business address of the person is not known to the Registrar, the Registrar may send to the person, at an alternative address of the person, a notice to furnish an address for service for the purposes of those proceedings, within 2 months after the date of the notice.

Where the Registrar does not have any alternative address of the person to send the notice under paragraph (6A) or where the Registrar has sent a notice under that paragraph but no address for service is provided within 2 months after the date of the notice —

Where a person referred to in paragraph (1) has changed his address for service in Singapore, he shall notify the Registrar of such change in Form CM2.

Anything sent to or served on a person at his address for service shall be taken to have been duly sent to or served on the person.

In paragraphs (6A) and (6B), “alternative address” means —

The Registrar, in dealing with any matter under the Act or these Rules in respect of which a person has been authorised to act as an agent on behalf of another, may require the personal signature or presence of either the agent or his principal.

The Registrar may, by notice in writing sent to an agent, require the agent to produce evidence of his authority.

Where an agent has been appointed by a person for any application or proceedings, the agent’s address for service in Singapore shall be treated as the address for service of that person.

The appointment of an agent for a matter shall be notified to the Registrar in the form for that matter.

[Deleted by S 743/2014 wef 13/11/2014]

The following shall be notified to the Registrar in Form CM1:

Where an agent for a party to any matter intends to cease to so act, the agent —

On receipt of the form mentioned in paragraph (6)(a), the Registrar must send to the party a notice requesting the party to provide an address for service within 3 months after the date of the notice.

The notice in paragraph (7) must be sent to the address of the party filed under paragraph (6)(a)(ii) or any alternative address of the party.

Rule 9(6B)(a), (b), (c), (d) or (e) (whichever is applicable) applies, with the necessary modifications, if —

In paragraphs (8) and (9), “alternative address” has the meaning given by rule 9(9).

The prescribed particulars of a transaction to which section 39 of the Act applies to be entered in the register are —

In each of the cases mentioned in paragraph (1), there shall be entered in the register the date on which the entry is made.

An application to register particulars of a transaction to which section 39 of the Act applies shall be made, and a notice to be given to the Registrar of particulars of a transaction to which section 41 of the Act applies shall be —

Where an application under paragraph (1)(a), (b), (c) or (d) is filed other than by means of the electronic filing system, the application must be signed by or on behalf of all relevant parties.

Where an application under paragraph (1)(a), (b), (c) or (d) is filed by means of the electronic online system, the application shall be authorised by all relevant parties and be validated by such means as the Registrar considers fit.

In paragraphs (2) and (3), “relevant party” means —

Where an application under paragraph (1)(a), (b), (c) or (d) is not signed in accordance with paragraph (2), or not authorised and validated in accordance with paragraph (3), the application shall be accompanied —

[Deleted by S 403/2022 wef 26/05/2022]

[Deleted by S 403/2022 wef 26/05/2022]

[Deleted by S 743/2014 wef 13/11/2014]

The Registrar may require the applicant to furnish such other document, instrument and information in support of the application as the Registrar thinks fit, within such time as the Registrar may specify.

[Deleted by S 743/2014 wef 13/11/2014]

The Registrar must refuse an application under paragraph (1) if paragraph (2), (3) or (3A) or a requirement under paragraph (5) is not complied with.

For the purposes of section 69 of the Act, a party to proceedings before the Registrar who desires to obtain costs shall apply to the Registrar for an award of costs in relation to the proceedings —

Before awarding costs in respect of the proceedings, the Registrar shall give each party to the proceedings an opportunity to be heard in relation to the award of costs.

Where the Registrar has awarded party and party costs to a party to proceedings before the Registrar and the party wishes to have the costs assessed by the Registrar, the party shall, within 6 weeks after the relevant date referred to in paragraph (1A) —

For the purposes of paragraph (1), the relevant date is —

Every bill of costs shall set out in 3 separate sections the following:

The costs claimed under paragraph (2)(a), (b) and (c) shall set out the sum claimed for each item.

The bill of costs shall set out in chronological order, with dates, all relevant events in the cause or matter, all relevant events in the assessment of costs, and all relevant events relating to the making of disbursements.

Where costs have already been awarded for any of the items set out in the bill of costs, this fact and the amount awarded shall be indicated.

Any party on whom a copy of the bill of costs has been served in accordance with paragraph (1) shall, if he wishes to dispute the bill or any part thereof, within one month after the receipt of the copy of the bill, mark the copy in accordance with paragraph (5) and send copies of the marked copy to the Registrar and the party requesting for assessment.

The marking of a copy of a bill of costs shall be effected by writing on the right hand margin against each item the word “Agree” if the party concerned agrees with the cost claimed for that item, or the word “Disagree” if the party concerned disagrees with the cost claimed for that item.

Upon expiry of the period referred to in paragraph (4), the Registrar shall give to the parties having an interest in the assessment proceedings notice of the date and time appointed for assessment.

If any party entitled to be heard in any assessment proceedings does not attend at the time appointed for assessment, the Registrar may proceed with the assessment.

The Registrar may, if he thinks it necessary to do so, adjourn the proceedings.

The provisions in the Fourth Schedule shall apply to the sections of the bill of costs relating to —

Costs awarded in these proceedings are not intended to compensate the parties for the expense to which they may have been put.

In applying the provisions in the Fourth Schedule, the Registrar may take into account any direction given by the Registrar under rule 81C in relation to the conduct of 2 or more matters or proceedings.

Paragraphs (1) and (2) do not apply to any assessment of costs of a proprietor of a registered trade mark who is entitled under section 102(2) of the Act to the proprietor’s costs as between solicitor and client.

Where a representation of the name, initials, armorial bearings, insignia, orders of chivalry, decorations, flags or devices of any state, settlement, city, borough, town, place, society, body corporate, government body, statutory board, institution or person appears on a trade mark which is the subject of an application for registration, the Registrar, before proceeding to register the mark, may require the applicant to furnish the Registrar with the consent to the registration and use of the matter in question of such official or other person as appears to the Registrar to be entitled to give consent.

The Registrar shall refuse to register the mark if no such consent is furnished within the time specified by the Registrar.

Where the name or representation of any person appears on a trade mark which is the subject of an application for registration, the Registrar may, before proceeding to register the mark, require the applicant to furnish the Registrar with the consent of the person or, in the case of a person recently dead, of his legal representatives.

Where the consent referred to in paragraph (1) is not furnished within the time specified by the Registrar and the applicant fails to satisfy the Registrar that it is impossible or impracticable in the circumstances of the case to obtain the consent, the Registrar shall refuse to register the mark.

An application for the registration of a trade mark must be made in Form TM 4 (called in this Part the application form).

The application must contain a clear indication of the nature of the mark.

The applicant shall provide a clear and durable representation of the mark in the space provided for that purpose in the application form.

[Deleted by S 692/2021 wef 01/10/2021]

Where an application is for the registration of a series of trade marks, a representation of each trade mark in the series shall be provided in the application form.

Where the Registrar reasonably believes that the representation provided by the applicant does not sufficiently show the particulars of the mark or does not allow all features of the mark to be properly examined, the Registrar may, by notice in writing, require the applicant to provide, within such time as the Registrar may specify in the notice, any or all of the following:

[Deleted by S 588/2011 wef 01/11/2011]

The Registrar may at any time, if dissatisfied with any representation of a trade mark, require another representation satisfactory to him to be filed before proceeding with the application, and the applicant shall substitute the representation by filing with the Registrar Form TM 27.

Subject to the provisions of this rule, an application for registration of a trade mark (referred to in this rule as the original application) made on or after 2nd July 2007 may, at the request of the applicant made on Form TM 8 at any time after the date of the original application but before the registration of the trade mark, be divided into 2 or more separate applications for registration of the trade mark.

Where the original application is made in respect of 2 or more goods or services, a request under paragraph (1) may be made to divide the original application into 2 or more separate applications, each in respect of —

Where the applicant makes a request under paragraph (1), the request shall contain, for each separate application and each class of goods or services in respect of which that separate application is made, a specification in accordance with rule 19 setting out the goods or services to which that separate application relates.

Upon the division of the original application into 2 or more separate applications —

Where a right of priority is claimed by reason of an application for the registration of a trade mark filed in a Convention country under section 10 of the Act or in another country or territory in respect of which provision corresponding to that set out in section 10 of the Act is made under section 11 of the Act (referred to in this rule as the priority application), particulars of that claim shall be included in the application form at the time of filing the application form.

The particulars referred to in paragraph (1) are —

For the purposes of section 10(1)(d) of the Act, a person who claims a right of priority for the registration of a trade mark must provide the application number (where available) within 3 months after the date of the application for the registration of the trade mark.

The Registrar may at any time require the applicant to file a certificate by the registering or other competent authority of the country or territory concerned certifying or verifying to the satisfaction of the Registrar —

Where the certificate referred to in paragraph (3) is not in the English language, there shall be annexed to the certificate a translation in English of the contents of the certificate, certified or verified to the satisfaction of the Registrar.

For the purposes of the registration of a trade mark, goods and services are classified according to the Nice Classification as in force on the date of the application for registration of the trade mark.

Every application shall contain, for each class of goods or services to which the application relates —

For the purpose of paragraph (2)(b), the applicant may adopt a specification set out in an approved list of goods or services contained in a practice direction issued by the Registrar.

An application may be made in respect of more than one class of goods or services in the Nice Classification as in force on the date of that application, and in such a case, the specification shall set out the classes and list under each class the goods or services to which the application relates.

In the case of an application for registration in respect of all the goods or services included in a particular class in the Nice Classification as in force on the date of that application, or of a large variety of goods or services, the Registrar may refuse to accept the application (whether for all or some of those goods or services), unless he is satisfied that the specification is justified by the use of the mark which the applicant has made, or intends to make if and when it is registered.

Where an application for registration of a trade mark does not satisfy any requirement under section 5(2) or (3) of the Act, the Registrar shall send the applicant a notice requiring the applicant to remedy the deficiency.

Where the Registrar has sent the applicant a notice under paragraph (1), the applicant shall remedy all deficiencies set out in the notice within 2 months after the date of the notice.

In accordance with section 5(4) of the Act, an application for registration of a trade mark shall not be treated as made unless —

Subject to paragraph (1), where an application for registration does not comply with rule 15(1) or 19(2)(a), the Registrar shall send the applicant a notice requiring the applicant to remedy the deficiency.

If the applicant fails to remedy all deficiencies set out in the notice under paragraph (4) within 2 months after the date of the notice, the application shall be treated as withdrawn.

An application to amend an application for registration must be made —

[Deleted by S 161/2007]

[Deleted by S 370/2004]

[Deleted by S 852/2005]

[Deleted by S 161/2007]

Before acting on an application to amend an application for registration, the Registrar may require the applicant to furnish such proof as the Registrar thinks fit.

This rule applies where a person (X) makes an application under rule 22 on or after 26 May 2022 for the correction in an application of an error or a mistake in —

If the Registrar determines that the interests of any person may be affected by the proposed correction, the Registrar may publish the application and the nature of the proposed correction in the Trade Marks Journal and in any other manner that the Registrar determines.

Any person (Y) may, at any time within 2 months after the date of the publication, give a written notice to the Registrar of opposition to the application in Form TM 11.

The notice of opposition must be accompanied by a supporting statement setting out fully the facts on which Y relies.

Y must, at the time the notice and the statement are filed, serve on X a copy of the notice and a copy of the statement.

If Y does not comply with paragraph (5), Y’s notice of opposition is treated as not having been filed.

If X desires to proceed with the application, X must —

If X does not comply with paragraph (7), X’s application under rule 22 is treated as withdrawn.

The Registrar may give such directions as the Registrar thinks fit with regard to any aspect of the procedure for the application or the opposition to the application.

The Registrar must consider the opposition in deciding whether to grant the application.

Where an application is made for an amendment of an application for registration which has been published, and the amendment affects the representation of the trade mark or the goods or services covered by the application for registration, the amendment shall also be published.

Any person who wishes to oppose the amendment shall, within 2 months after the date of publication of the amendment, file with the Registrar a notice of opposition to the amendment in Form TM 11.

The notice of opposition shall contain a statement of the grounds upon which the person opposes the amendment, including, where relevant, how the amendment would be contrary to section 14(3) of the Act.

Rules 29 (2) to (7) and 31 to 40 shall apply, with the necessary modifications, to any proceedings arising from the notice of opposition.

For the purposes of the application of the rules referred to in paragraph (4) —

If, in the course of an examination of an application for registration, 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 give a written notice of this to the applicant.

If, within 4 months after the date of the written notice of the Registrar, the applicant fails to —

[Deleted by S 743/2014 wef 13/11/2014]

Where the applicant has applied to the Registrar in Form HC4 for a hearing, the Registrar shall give notice to the applicant of a date on which the Registrar will hear the applicant’s arguments.

For the purposes of the hearing, the applicant shall file with the Registrar his written submissions and bundle of authorities at least 14 days before the date of the hearing.

The decision of the Registrar, in respect of the representations of the applicant given either during the hearing or in writing, shall be communicated to the applicant in writing or in such other manner as the Registrar thinks fit.

For the purpose of paragraph (5), the Registrar may, on the Registrar’s own accord, send to the applicant the Registrar’s grounds of decision for the decision in respect of the representations of the applicant.