Singapore legislation
Regulation 9
Regulation 9
Address for service
Subregulation 1
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 —
every applicant for the registration of a trade mark;
every person opposing any of the following:
an amendment of an application for registration of a trade mark which has been published, where the amendment affects the goods or services covered by the application for registration;
an application for registration of a trade mark, collective mark or certification mark;
a removal of any matter from the register;
an alteration of a registered trade mark;
an application to amend the regulations governing the use of a registered collective mark or certification mark;
every person applying to the Registrar under section 22 of the Act for the revocation of the registration of a trade mark, under section 23 of the Act for a declaration of invalidity of the registration of a trade mark, or under section 67 of the Act for the rectification of the register;
every person granted permission to intervene under rule 60;
every proprietor of a registered trade mark which is the subject of an application to the Registrar for the revocation of the registration of the trade mark, for a declaration of invalidity of the registration, or for a rectification of the register;
every applicant for the renewal of the registration of a trade mark or for the restoration of a trade mark to the register;
every applicant for the registration of —
a grant of a licence;
the amendment of a licence; or (iii)the termination of a licence;
every applicant for the registration of —
a grant of any security interest;
the amendment of any security interest; or (iii)the termination of any security interest;
every applicant for the registration of a change in ownership of a registered trade mark; (j)every person recorded as having an interest in a trade mark pursuant to —
the making of an assent by personal representatives; or
an order of the Court or any other competent authority; and
every other party to any proceedings before the Registrar.
Subregulation 2
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.
Subregulation 3
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.
Subregulation 4
Notwithstanding paragraph (3) —
subject to sub‑paragraph (e), where an applicant for the registration of a trade mark furnishes an address for service in Form TM 4, the address for service shall be effective for the purposes of all proceedings in respect of the trade mark in relation to which that form is filed;
subject to sub‑paragraph (f), the address for service of a proprietor of a registered trade mark shall be effective for the purposes of all proceedings in respect of the registered trade mark, except for any application for the second or any subsequent renewal of the registered trade mark;
where a person who opposes any of the following furnishes an address for service in Form TM 11, the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed and any related proceedings under Part X:
an amendment of an application for registration of a trade mark which has been published, where the amendment affects the goods or services covered by the application for registration;
an application for registration of a trade mark, collective mark or certification mark;
a removal of any matter from the register;
an alteration of a registered trade mark; (v)an application to amend the regulations governing the use of a registered collective mark or certification mark;
where an applicant who makes any of the following applications to the Registrar furnishes an address for service in Form TM 28, the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed and any related proceedings under Part X:
an application under section 22 of the Act for the revocation of the registration of a trade mark;
an application under section 23 of the Act for a declaration of invalidity of the registration of a trade mark; (iii)an application under section 67 of the Act for the rectification of the register;
where an applicant who replies to an opposition to any of the following furnishes an address for service in Form HC6, the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed and any related proceedings under Part X:
an amendment of an application for registration of a trade mark which has been published, where the amendment affects the goods or services covered by the application for registration;
an application for registration of a trade mark, collective mark or certification mark;
an alteration of a registered trade mark;
an application to amend the regulations governing the use of a registered collective mark or certification mark;
where a registered proprietor who files a counter‑statement under rule 58 furnishes an address for service in Form HC6, the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed and any related proceedings under Part X;
where an applicant for the renewal of the registration of a trade mark, or the restoration of a trade mark to the register, furnishes an address for service in Form TM 19, the address for service shall be effective for the purposes of all renewal applications or proceedings, and all restoration applications or proceedings, in respect of the trade mark in relation to which that form is filed;
where an applicant for the registration of a grant of a licence, the amendment of a licence or the termination of a licence furnishes an address for service in Form CM6 in relation to that licence, the address for service shall be effective for the purposes of all proceedings in respect of that licence;
where an applicant for the registration of a grant of any security interest, the amendment of any security interest or the termination of any security interest furnishes an address for service in Form CM7 in relation to that security interest, the address for service shall be effective for the purposes of all proceedings in respect of that security interest;
where an applicant for the registration of a change in the ownership of a registered trade mark furnishes an address for service in Form CM8, the address for service may, at the option of the applicant, be effective —
for the purposes of all proceedings in respect of the trade mark, including the application for the registration of the trade mark; or
only for the purposes of the registration of the change in the ownership of the registered trade mark, in which case the applicant must furnish another address for service for all other proceedings in respect of the trade mark, including the application for the registration of the trade mark, on the same Form CM8;
where a person referred to in paragraph (1)(d) furnishes an address for service in Form CM1, the address for service shall be effective for the purposes of the application under rule 60 (for permission to intervene) in relation to which that form is filed and any related proceedings under Part X;
where a party referred to in paragraph (1)(k) furnishes an address for service in Form CM1, the address for service shall be effective for the purposes of any proceedings before the Registrar in relation to which that form is filed and any related proceedings under Part X;
where a person, recorded as having an interest in a trade mark pursuant to the making of an assent by personal representatives, or pursuant to an order of the Court or any other competent authority, furnishes an address for service in writing in relation to the assent or order, the address for service shall be effective for the purposes of such of the following as may be applicable in respect of the assent or order:
the registration of —
a grant of a licence;
the amendment of a licence; or
the termination of a licence;
the registration of —
a grant of any security interest;
the amendment of any security interest; or
the termination of any security interest;
the registration of a change in the ownership of a registered trade mark; and (n)subject to sub‑paragraph (f), the address for service of an applicant for the registration of a trade mark shall, upon the registration of the trade mark, be the address for service of that party as the proprietor of the trade mark, unless —
the Registrar is notified of a change in the address for service in accordance with paragraph (7) or rule 44; or
the Registrar is notified of an assignment or transaction referred to in rule 55(1)(a), in accordance with rule 55.(o)[Deleted by S 403/2022 wef 26/05/2022]
Subregulation 5
In a case where paragraphs (2) and (4) do not apply, the address for service shall be furnished in writing.
Subregulation 6
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.
Subregulation 6A
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.
Subregulation 6B
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 —
in the case of an applicant or a person mentioned in paragraph (1)(a), (c), (f), (g), (h) or (i) — the application made by the applicant or person is treated as withdrawn;
in the case of a person mentioned in paragraph (1)(b) or (d) — the person is treated as having withdrawn the person’s opposition or intervention, as the case may be;
in the case of the proprietor mentioned in paragraph (1)(e) — the proprietor is not permitted to take part in any proceedings relating to the application for the revocation of the registration of the trade mark, the declaration of invalidity of the registration, or the rectification of the register, as the case may be;
in the case of a person mentioned in paragraph (1)(j) — the application made by the person to register the making of the assent, or the order of the Court or any other competent authority, is treated as withdrawn; and
in the case of a party mentioned in paragraph (1)(k) — the party is not permitted to take part in the proceedings in question.
Subregulation 7
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.
Subregulation 8
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.
Subregulation 9
In paragraphs (6A) and (6B), “alternative address” means —
any address (not being an email address) that was previously provided by the person to the Registrar in relation to a matter under these Rules concerning the person that is the same as the matter at hand; or
any email address that was previously provided by the person to the Registrar in relation to a matter under these Rules that is the same as the matter at hand, where the person had given prior consent for that email address to be used for correspondence with the person for such matter.