Singapore legislation

Regulation 18

of Trade Marks Rules

Regulation 18

Claim to priority

Amended byS 403/2022 wef 26/05/2022S 403/2022 wef 26/05/2022S 403/2022 wef 26/05/2022S 403/2022 wef 26/05/2022

Subregulation 1

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.

Subregulation 2

The particulars referred to in paragraph (1) are —

(a)

the country or territory in which —

(i)

the priority application; or

(ii)

where there is more than one priority application, each priority application,was filed;

(b)

the date on which —

(i)

the priority application; or

(ii)

where there is more than one priority application, each priority application,was filed;

(c)

where the right of priority is claimed in respect of one or more, but not all, of the goods or services for which registration was sought in the priority application, the goods or services in respect of which the right of priority is claimed; and

(d)

where the right of priority is claimed through more than one priority application, the goods or services in respect of which the right of priority is claimed through each priority application.

Subregulation 2A

Amended byS 403/2022 wef 26/05/2022

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.

Subregulation 3

Amended byS 403/2022 wef 26/05/2022S 403/2022 wef 26/05/2022S 403/2022 wef 26/05/2022

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 —

(a)

the date of filing of the priority application;

(b)

the country or territory, or the registering or competent authority;

(c)

the representation of the mark; (d)the goods and services covered by the priority application; and

(e)

the application number of the priority application, where available.

Subregulation 4

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.