Part I
Preliminary
Official textFrom Singapore Statutes Online, unchanged
reg 1Citation
These Rules may be cited as the Trade Marks Rules.
Subregulation 1
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]
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.
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).
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.
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.
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.
“electronic online system” means the electronic online system established under rule 78A;
“folio” means 100 words, each figure being counted as one word;
“Nice Agreement” means the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised at Stockholm on 14 July 1967 and at Geneva on 13 May 1977, and as amended on 28 September 1979, and any later revision of or amendment to that Agreement which has come into force and has been accepted by the Government;
“Nice Classification” means the system of classification of goods and services under the Nice Agreement, and includes any amendment or change to the Classification that has entered into force;
“specification” means the specification of goods or services in respect of which —
a trade mark; or
a transaction in relation to a registered trade mark or an application for the registration of a trade mark,is registered or proposed to be registered;
“Trade Marks Journal” means the journal by that name published under rule 86A.
reg 3Fees
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 —
where a fee is specified in the First Schedule in respect of any matter, the fee shall be paid at the same time as the filing of the form corresponding to the matter; and
if the fee is not paid, the form shall not be treated as filed.
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.
Subregulation 1
The fees specified in the First Schedule shall be payable to the Registrar in respect of the matters specified in that Schedule.
Subregulation 2
Unless otherwise provided for in these Rules, or the Registrar permits or directs otherwise —
where a fee is specified in the First Schedule in respect of any matter, the fee shall be paid at the same time as the filing of the form corresponding to the matter; and
if the fee is not paid, the form shall not be treated as filed.
Subregulation 3
Subject to paragraph (4), a fee must be paid using the mode of payment permitted or directed by the Registrar.
Subregulation 4
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.
reg 3AFiling of documents
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 —
be in English; or
where the document is not in English, be accompanied by an English translation of the document.
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 —
decide whether to accept or process the document; and
require the original to be filed with the Registry.
The Registrar may require the filing of a hard copy of any document filed using the electronic online system.
Subregulation 1
The Registrar may refuse to accept or process any document filed at the Registry that fails to comply with the Act or these Rules.
Subregulation 2
Every document filed at the Registry shall —
be in English; or
where the document is not in English, be accompanied by an English translation of the document.
Subregulation 3
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.
Subregulation 4
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.
Subregulation 5
Where any document filed at the Registry is a copy, the Registrar may —
decide whether to accept or process the document; and
require the original to be filed with the Registry.
Subregulation 6
The Registrar may require the filing of a hard copy of any document filed using the electronic online system.
reg 4Forms
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 —
complies with rule 3A(2) and every direction of the Registrar relating to the use of the form; and
is in a format that is acceptable to the Registrar.
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.
Subregulation 1
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.
Subregulation 2
The Registrar may modify any form in any particular case or class of cases.
Subregulation 3
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 —
complies with rule 3A(2) and every direction of the Registrar relating to the use of the form; and
is in a format that is acceptable to the Registrar.
Subregulation 4
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.
Subregulation 5
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.
reg 4APractice directions
All practice directions issued by the Registrar under the Act or these Rules shall be published by the Registrar on the Office’s Internet website at http://www.ipos.gov.sg.
reg 6Signature on documents
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 —
all the partners;
any partner stating that he signs on behalf of the partnership; or
any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the partnership.
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.
Subregulation 1
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 —
all the partners;
any partner stating that he signs on behalf of the partnership; or
any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the partnership.
Subregulation 2
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.
Subregulation 3
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.
Subregulation 4
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.
reg 7Service of documents
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. (2) 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 —
by post;
by hand; (c)by courier; (ca)by sending an electronic communication using the electronic online system; or
subject to paragraph (3B), by sending an electronic communication of the document by any other electronic means.
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 —
by sending the notice or other document by post;
by sending an electronic communication of the notice or other document using the electronic online system or, subject to paragraph (3B), any other electronic means;
by hand; or
by courier.
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 —
the party; or
the Registrar or the Registry,to whom the notice or other document is being given or sent, filed with or served by those means.
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 —
if the time and the day the electronic communication becomes capable of being retrieved by the person to whom the notice or other document is sent, filed or served does not fall on an excluded day for the business of sending, filing or serving the notice or document — at that time and on that day; or
if that time falls on such excluded day — on the next following day that is not such excluded day.
A notice or other document that is —
transmitted to the Registrar or a party by means of the electronic online system; and
received, by the server of that system set up to receive such transmissions, at any time before midnight on any day,is treated as sent to, filed with or served on, and received by, the Registrar or the party —
if that day is not an excluded day for the business of sending to, filing with or serving on the Registrar or the party the notice or document by means of that system — at that time and on that day; or
if that day is such excluded day — on the next following day that is not such excluded day.
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 —
the sending, filing or service of that notice or document; and
the date and time when the sending, filing or service took place.
[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.
Subregulation 1
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.
Subregulation 2
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 —
by post;
by hand; (c)by courier; (ca)by sending an electronic communication using the electronic online system; or
subject to paragraph (3B), by sending an electronic communication of the document by any other electronic means.
Subregulation 3
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 —
by sending the notice or other document by post;
by sending an electronic communication of the notice or other document using the electronic online system or, subject to paragraph (3B), any other electronic means;
by hand; or
by courier.
Subregulation 3A
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).
Subregulation 3B
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 —
the party; or
the Registrar or the Registry,to whom the notice or other document is being given or sent, filed with or served by those means.
Subregulation 4
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.
Subregulation 5
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.
Subregulation 6
[Deleted by S 433/2020 wef 05/06/2020]
Subregulation 6A
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.
Subregulation 7
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).
Subregulation 7A
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 —
if the time and the day the electronic communication becomes capable of being retrieved by the person to whom the notice or other document is sent, filed or served does not fall on an excluded day for the business of sending, filing or serving the notice or document — at that time and on that day; or
if that time falls on such excluded day — on the next following day that is not such excluded day.
Subregulation 7B
A notice or other document that is —
transmitted to the Registrar or a party by means of the electronic online system; and
received, by the server of that system set up to receive such transmissions, at any time before midnight on any day,is treated as sent to, filed with or served on, and received by, the Registrar or the party —
if that day is not an excluded day for the business of sending to, filing with or serving on the Registrar or the party the notice or document by means of that system — at that time and on that day; or
if that day is such excluded day — on the next following day that is not such excluded day.
Subregulation 7C
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.
Subregulation 7D
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 —
the sending, filing or service of that notice or document; and
the date and time when the sending, filing or service took place.
Subregulation 6B
[Deleted by S 743/2014 wef 13/11/2014]
Subregulation 8
This rule shall not apply to notices and documents to be served in proceedings in court.
reg 8Furnishing of address
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.
Subregulation 1
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.
Subregulation 2
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.
Part V
Registrable Transactions
Part X