Singapore legislation
Regulation 57
Regulation 57
Application for revocation, declaration of invalidity and rectification
Subregulation 1
An application to the Registrar for —
the revocation of the registration of a trade mark under section 22 of the Act; or
a declaration of invalidity of the registration of a trade mark under section 23 of the Act,shall be made in Form TM 28.
Subregulation 1A
An application to the Registrar for the rectification of an error or omission in the register under section 67 of the Act shall be made —
in the case of an application by any person to rectify the name or other particular of the person in the register — in Form CM4;
in the case of an application by the proprietor of a registered trade mark to rectify any information (other than the name or other particular of the proprietor) in the register relating to that trade mark — in Form TM 27; or
in the case of an application by any person (other than the proprietor of a registered trade mark) to rectify any information (other than the name or other particular of the person) in the register — in Form TM 28.
Subregulation 2
The application shall be accompanied by a statement of the grounds on which the application is made.
Subregulation 2A
If an application for a declaration of invalidity is based on the ground that the registered trade mark is identical or similar to an earlier trade mark, the following shall be included in the statement for the purpose of determining whether the registered trade mark is identical or similar to the earlier trade mark:
a representation of the earlier trade mark;
such of the following as may be applicable:
where the earlier trade mark is registered —
its registration number; and
the class number and specification of the goods or services in respect of which the earlier trade mark is registered;
where the application to register the earlier trade mark is pending —
the number accorded by the Registrar to the application; and
the class number and specification of the goods or services in respect of which the earlier trade mark is sought to be registered; or
where the earlier trade mark is not registered and no application has been made to register it, the specification of the goods or services in respect of which the earlier trade mark is used.
Subregulation 2B
If an application for a declaration of invalidity is based on the ground that the registered trade mark is identical or similar to an earlier trade mark which is well known in Singapore, the statement shall, in addition to the matters referred to in paragraph (2A), include the following information for the purpose of determining whether the earlier trade mark is well known in Singapore:
information on the use of the earlier trade mark;
information on any promotion undertaken for the earlier trade mark.
Subregulation 3
The applicant shall, if he is not the proprietor of the registered trade mark, serve a copy of the application and statement on the proprietor at the same time as he files these documents with the Registrar.
Subregulation 4
If the applicant does not comply with paragraph (3), his application shall be treated as not having been filed.
Subregulation 5
Rule 22A applies, with the necessary modifications, in relation to an application made by a proprietor of a registered trade mark on or after 26 May 2022 to rectify an error or omission in the name or other particular of the proprietor, or in any information pertaining to a priority application, in the register, as it applies in relation to an application to correct an error or a mistake in the name or other particular of an applicant, or in any information pertaining to a priority application, in an application for registration.
Subregulation 6
Paragraphs (3) and (4) do not apply to an application mentioned in paragraph (1A)(a).