Singapore legislation

Regulation 67A

of Trade Marks Rules

Regulation 67A

Request for hearing

Amended byS 263/2022 wef 01/04/2022S 263/2022 wef 01/04/2022S 692/2021 wef 01/10/2021S 692/2021 wef 01/10/2021S 692/2021 wef 01/10/2021S 743/2014 wef 13/11/2014

Subregulation 1

Amended byS 263/2022 wef 01/04/2022

A request for the exercise of the discretionary power of the Registrar under rule 67 in proceedings at which only the party making the request is present, whether interlocutory or otherwise —

(a)

shall be made in Form HC4; and

(b)

shall be filed within one month after —

(i)

the date of notification by the Registrar of any objection to an application; or

(ii)

the date of any other indication that the Registrar proposes to exercise a discretionary power,and the Registrar may refuse to hear any party who has not filed the request within the time allowed.

Subregulation 2

Upon receipt of a request under paragraph (1), the Registrar shall send to the person making the request a notice of a time when the person may be heard, which shall be not less than 14 days after the date of the notice.

Subregulation 3

Amended byS 263/2022 wef 01/04/2022

A request for the exercise of the discretionary powers of the Registrar under rule 67 in interlocutory proceedings with notice shall be made to the Registrar in writing.

Subregulation 4

A person shall, at the time he makes a request under paragraph (3), serve on every other party to the proceedings a copy of the request.

Subregulation 5

Except as provided in paragraph (1) or (3), no request shall be made for the exercise of the discretionary powers of the Registrar under rule 67.

Subregulation 6

The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for a hearing under this rule.

Subregulation 7

After hearing each party, the Registrar shall notify every party of his decision in relation to the exercise of the discretionary power.

Subregulation 7A

Amended byS 692/2021 wef 01/10/2021

For the purpose of paragraph (7), the Registrar may, on the Registrar’s own accord, send to every party the Registrar’s grounds of decision for the decision in respect of any request under this rule.

Subregulation 8

Amended byS 692/2021 wef 01/10/2021

Where the Registrar’s grounds of decision are not sent to every party under paragraph (7), and any party wishes to have the Registrar’s grounds of decision in respect of a request under this rule —

(a)

the party must, within one month after the date of the Registrar’s decision, request the Registrar in the following manner to state the Registrar’s grounds of decision:

(i)

in the case of grounds of decision in respect of a request under paragraph (1) — by filing Form HC5 with the Registrar;

(ii)

in the case of grounds of decision in respect of a request under paragraph (3) — by sending a written request to the Registrar; and

(b)

the Registrar must, within 2 months after the date of the request, send the grounds of decision to the party.

Subregulation 9

Amended byS 692/2021 wef 01/10/2021

The date on which the Registrar’s grounds of decision are sent to every party under paragraph (7A) or to the party making the request under paragraph (8)(a) shall be deemed to be the date of the Registrar’s decision for the purpose of an appeal.

Subregulation 10

Amended byS 743/2014 wef 13/11/2014

For the purposes of paragraph (9), the Registrar’s decision must be one which is subject to appeal to the Court under section 75(2) of the Act.

Regulation 67A — Trade Marks Rules | laws.sg