Singapore legislation
Regulation 8
Regulation 8
Notification of transactions
Subregulation 1
The following are notifiable transactions for the purpose of this rule:
the grant of a licence under a protected international trade mark (Singapore) or an international registration designating Singapore;
an order of the Court or other competent authority transferring —
a protected international trade mark (Singapore);
an international registration designating Singapore; or
any right in or under a protected international trade mark (Singapore) or an international registration designating Singapore;
the making by personal representatives of an assent to a licence in relation to —
a protected international trade mark (Singapore);
an international registration designating Singapore; or
any right in or under a protected international trade mark (Singapore) or an international registration designating Singapore.
Subregulation 2
On application being made to the Registrar by —
a person claiming to be entitled to an interest in or under a protected international trade mark (Singapore) or an international registration designating Singapore by virtue of a notifiable transaction; or
any other person claiming to be affected by such a transaction,the relevant particulars of the transaction shall be entered in the register.
Subregulation 3
The following are relevant transactions for the purpose of this rule:
an assignment of —
a protected international trade mark (Singapore);
an international registration designating Singapore; or
any right in a protected international trade mark (Singapore) or an international registration designating Singapore;
the making by personal representatives of an assent (other than an assent to a licence) in relation to —
a protected international trade mark (Singapore);
an international registration designating Singapore; or
any right in or under a protected international trade mark (Singapore) or an international registration designating Singapore;
the granting of any security interest (whether fixed or floating) over —
a protected international trade mark (Singapore);
an international registration designating Singapore; or
any right in or under a protected international trade mark (Singapore) or an international registration designating Singapore.(d)[Deleted by S 128/2019 wef 01/04/2019]
Subregulation 4
Until —
in the case of any notifiable transaction referred to in paragraph (1)(b), an application has been made for the registration of the relevant particulars of the transaction; or
in the case of any relevant transaction, the transaction has been recorded in the International Register,the transaction is ineffective as against a person acquiring an interest in or under the protected international trade mark (Singapore) or the international registration designating Singapore in ignorance of the transaction.
Subregulation 5
A person who becomes the proprietor of a protected international trade mark (Singapore) or an international registration designating Singapore by virtue of a notifiable transaction mentioned in paragraph (1)(b) or a relevant transaction is not entitled to damages, an account of profits or statutory damages under section 31(5)(c) of the Act in respect of any infringement of the protected international trade mark (Singapore) or the international registration designating Singapore occurring —
after the date of the transaction and before the date of the application for the registration of the relevant particulars of the notifiable transaction; or
after the date of the transaction and before the relevant transaction is recorded in the International Register,as the case may be.
Subregulation 5A
[Deleted by S 128/2019 wef 01/04/2019]
Subregulation 6
In this rule, “relevant particulars” means —
in relation to a notifiable transaction mentioned in paragraph (1)(a) or (c) —
the name and address of the licensee;
where the licence is an exclusive licence — that fact;
where the licence is limited — a description of the limitation; and
the duration of the licence if the same is, or is ascertainable as, a definite period; and
in relation to a notifiable transaction mentioned in paragraph (1)(b) —
the name and address of the transferee;
the date of the order; and
where the transfer is in respect of a right in or under a protected international trade mark (Singapore) or an international registration designating Singapore, a description of the right transferred.