Geographical Indications Rules 2019

In these Rules, unless the context otherwise requires —

Unless the context otherwise requires, “month”, wherever it occurs in any decision, direction or other document issued by the Registrar, means calendar month.

Any period of time fixed by these Rules or by any decision, direction or other document for the doing of any act is to be reckoned in accordance with the following sub-paragraphs:

To avoid doubt, unless the context otherwise requires, a reference to a geographical indication in these Rules includes a reference to any variant constituting that geographical indication.

The fees specified in the First Schedule are payable to the Registrar in respect of the matters specified in that Schedule.

Unless otherwise provided for in these Rules, or the Registrar permits or directs otherwise in any particular case —

Subject to paragraph (4), a fee must be paid using the mode of payment permitted or directed by the Registrar.

Where the electronic online system is used to carry out an act mentioned in rule 86A, the fee payable in connection with that act must, unless otherwise permitted or directed by the Registrar, be paid using the mode of payment designated by the electronic online system.

The Registrar may refuse to accept or process any document filed with the Registrar that fails to comply with the Act.

Every document filed with the Registrar —

Every document filed with the Registrar must be filed in accordance with the requirements relating to its size, durability, legibility or format specified in any practice direction issued by the Registrar.

Where the Registrar refuses to accept any document that does not comply with paragraph (2) or (3), the Registrar must give the person that filed the document a notice stating the manner in which the document does not comply with that paragraph.

Where any document filed with the Registrar is a copy, the Registrar may —

The Registrar may require the filing of a hard copy of any document filed using the electronic online system.

The Registrar must publish on the Office’s website at http://www.ipos.gov.sg the forms to be used for any purpose relating to the registration of a geographical indication or any other proceedings before the Registrar under the Act.

The Registrar may modify any form in any particular case or class of cases.

Any reference in these Rules to a numbered form is a reference to the current version of the form bearing the corresponding number as described in the Second Schedule and published on the website mentioned in paragraph (1).

A document to be signed for or on behalf of a partnership must contain the full names of all the partners and must be signed by —

A document to be signed for or on behalf of a body corporate must be signed by —

A document to be signed by or on behalf of an unincorporated body or association of persons may be signed by any individual who appears to the Registrar to be qualified to so sign.

In this rule, “document” means a document to be given or sent to, filed with or served on the Registrar in respect of any matter under the Act.

Where the Act authorises or requires any document to be given or sent to, filed with or served on the Registrar, the giving, sending, filing or service must be effected on the Registrar by sending an electronic communication of the document using the electronic online system.

Where the Act authorises or requires a party to give or send a document to, or serve a document on, another party (other than the Registrar), the giving, sending or service may be effected —

Where the Act authorises or requires any notice or other document to be given or sent to or served on any party by the Registrar, the Registrar may send the notice or other document to that party —

Subject to paragraph (3B), the Registrar may, in a particular case, permit the giving, sending, filing or serving of a document in a manner other than provided by paragraph (1) or (2).

However, the use of electronic means under paragraph (2)(d), (3)(d) or (3A) must be with the consent (express or implied) of —

Where any notice or other document is sent by post under paragraph (2) or (3), the giving, sending or service (as the case may be) of the notice or other document is treated (until the contrary is proved) as occurring at the time at which the notice or document would have been delivered in the ordinary course of post.

For the purposes of paragraphs (2) and (3), a notice or other document is sent to a party by post if the notice or other document is sent by prepaid post to the party at the party’s address for service mentioned in rule 11 or 12.

Despite the availability of an address for service mentioned in rule 11 or 12, where any notice or other document is given or sent to or served on a person by sending an electronic communication in the manner permitted by paragraph (2)(ca) or (d), (3)(d) or (3A), that notice or document is taken to have been duly given or sent to or served on the person.

Service of any notice or other document under the Act on a person by electronic communication using the electronic online system may be effected only if the person is registered as an account holder in accordance with any practice directions issued by the Registrar under rule 86A(4).

A notice or other document sent, filed or served by means of an electronic communication (other than the electronic online system) is treated as sent, filed or served —

A notice or other document that is —

For the purposes of paragraph (7B), the notice or document is treated as sent to, filed with or served on, and received by, the Registrar or the party if and only if the last byte of the transmission containing the notice or other document is received by the server mentioned in that paragraph.

Any person who sends, files or serves a notice or other document by means of the electronic online system may produce a record of transmission issued through that system as evidence of —

This rule does not apply to notices and documents to be served in proceedings in the Court.

Where any person is required by the Act to provide the Registrar with an address, the address provided must be as full as possible to enable any person to find easily the place indicated by the address.

The Registrar may require the address to include the name of the street, the number of the block of building, the number of the premises, the name of the premises (if any) and the postal code.

For the purposes of any proceedings before the Registrar, an address for service in Singapore must be provided in accordance with paragraph (2) or (3) by or on behalf of —

Where the form for any application or request requires an address for service in Singapore, the address for service in Singapore must be provided in the form.

In a case where paragraph (2) does not apply, the address for service must be given in writing.

The address for service provided in accordance with paragraph (2) or (3) is effective only in respect of the matter for which the address for service was provided.

Despite paragraph (4) —

If —

If —

If —

In paragraphs (7) and (8), “alternative address” means —

Anything sent to or served on a person at the person’s address for service is taken to have been duly sent to or served on the person.

Where any person mentioned in paragraph (1)(a) to (k) has changed the person’s address for service in Singapore, the person must notify the Registrar of such change in Form CM2.

When dealing with any matter under the Act in respect of which a person has been authorised to act as an agent on behalf of another person, the Registrar may require the personal signature or presence of either of them.

The Registrar may, by notice in writing sent to an agent, require the agent to produce evidence of the agent’s authority to act.

Where an agent has been appointed by any person in connection with any matter, the agent’s address for service in Singapore is treated as the address for service of that person for the purposes of that matter.

The appointment of an agent must be notified to the Registrar —

Any change of an agent for any matter must be notified to the Registrar in Form CM1.

[Deleted by S 398/2022 wef 26/05/2022]

Where an agent for a party to any matter intends to cease to so act, the agent —

On receipt of the form mentioned in paragraph (7)(a), the Registrar must send to the party a notice requesting the party to provide an address for service within 3 months after the date of the notice.

The notice in paragraph (8) must be sent to the address of the party filed under paragraph (7)(a)(ii) or any alternative address of the party.

Rule 11(8)(c), (d) or (e) (whichever is applicable) applies with the necessary modifications, if —

In paragraphs (9) and (10), “alternative address” has the meaning given by rule 11(9).

In this rule, “matter” means any act to be done by or to a person in connection with the registration of a geographical indication, or any procedure relating to a registered geographical indication.

An application under section 39(1) of the Act for registration of a geographical indication must be made in Form GI1 (called in this Part the application form).

For the purpose of making an entry in the register of the registration of a geographical indication under rule 48, the date of the application for registration of the geographical indication is the date on which —

An applicant for the registration of a geographical indication must provide to the Registrar, in the manner specified in the application form, a clear and durable representation of the geographical indication in the application form.

The Registrar may at any time, if dissatisfied with any representation of the geographical indication, require another representation acceptable to the Registrar to be filed before the Registrar proceeds with the application, and the applicant must substitute the representation by filing with the Registrar Form CM4.

Unless the Registrar otherwise directs, where the representation of a geographical indication contains or consists of a word or words that is or are not in Roman characters, there must be endorsed in the application form —

The Registrar may at any time require a copy of the transliteration, certified or verified to the satisfaction of the Registrar, to be filed with the Registrar.

Where an application for registration of a geographical indication does not satisfy a requirement under section 39(1) or (3) of the Act, the Registrar must send the applicant a notice requiring the applicant to remedy the deficiency.

Upon receipt of the notice under paragraph (1), the applicant must remedy all deficiencies set out in the notice within such period as may be specified in the notice.

An application to amend an application for registration of a geographical indication must be made —

Before acting on an application mentioned in paragraph (1), the Registrar may require the applicant to provide such evidence as the Registrar thinks fit.

This rule applies where a person (X) makes an application under rule 18 on or after 26 May 2022 to correct the name or other particular of an applicant in an application for registration of a geographical indication.

If the Registrar determines that the interests of any person may be affected by the proposed correction, the Registrar may publish the application and the nature of the proposed correction in the Geographical Indications Journal and in any other manner that the Registrar determines.

Any person (Y) may, at any time within 2 months after the date of the publication, give a written notice to the Registrar of opposition to the application in Form GI13.

The notice of opposition must be accompanied by a supporting statement setting out fully the facts on which Y relies.

Y must, at the time the notice and the statement are filed, serve on X a copy of the notice and a copy of the statement.

If Y does not comply with paragraph (5), Y’s notice of opposition is treated as not having been filed.

If X desires to proceed with the application, X must —

If X does not comply with paragraph (7), X’s application under rule 18 is treated as withdrawn.

The Registrar may give such directions as the Registrar thinks fit with regard to any aspect of the procedure for the application or the opposition to the application.

The Registrar must consider the opposition in deciding whether to grant the application.

Where an application is made to amend an application for registration of a geographical indication which has been published (called in this Division the rule 19 amendment), and the amendment affects the representation of the geographical indication or the goods covered by the application for registration of the geographical indication, the amendment must be published in the Geographical Indications Journal.

Before publishing the amendment, the Registrar may require the applicant to provide such evidence as the Registrar thinks fit.

A person who claims the person’s interests will be affected by a rule 19 amendment (called in this Division the objector) may, within 6 weeks (or such longer period as may be granted under rule 23) after the date of the publication mentioned in rule 19(1), file with the Registrar a notice objecting to the rule 19 amendment in Form GI13 (called in this Division the notice of objection).

The notice of objection must —

The objector must serve on the applicant a copy of the notice of objection at the same time the notice of objection is filed with the Registrar.

If the objector does not comply with paragraph (1), (2) or (3), the notice of objection is treated as if it had not been filed.

If —

Within 6 weeks (or such longer period as may be granted under rule 23) after the date on which the applicant receives from the objector a copy of the notice of objection, the applicant must file with the Registrar a counter‑statement in Form HC6 (called in this Division the counter‑statement).

The counter‑statement must set out —

The applicant must serve on the objector a copy of the counter‑statement at the same time the counter‑statement is filed with the Registrar.

If the applicant does not comply with paragraph (1), (2) or (3), the application for the rule 19 amendment is treated as withdrawn.

If the Registrar is satisfied that the applicant has complied with rule 21(1), (2) and (3), the Registrar may give such directions as the Registrar thinks fit with regard to any further procedure for the conduct of the objection proceedings.

Rule 37 applies, with the necessary modifications, to objection proceedings under this rule.

Where an objection is uncontested by the applicant, the Registrar, in deciding whether costs should be awarded to the objector, must consider whether objection proceedings might have been avoided if reasonable notice had been given by the objector to the applicant before the notice of objection was filed.

A party may request to extend the period for the filing of a notice of objection or a counter‑statement by filing with the Registrar Form HC3 —

The request for an extension of time must state —

The party requesting an extension of time under paragraph (1) must serve on the other party a copy of the request at the same time the request is filed with the Registrar.

The other party may object to a request under paragraph (1) not later than 2 weeks after the date of receipt of a copy of the request.

The Registrar may refuse to grant a request under paragraph (1) if the party who requested an extension of time —

The Registrar may grant or refuse to grant the request without a hearing unless it appears to the Registrar that a hearing in accordance with rule 73(1) is required.

The Registrar must, by notice in writing, inform the party who requested an extension of time —

If the request under paragraph (1) is granted, the Registrar must, by notice in writing, inform the other party of the length of the extension granted to the party who requested an extension of time.

The other party may, not later than 2 weeks after receiving the notice in paragraph (8), apply in writing to the Registrar to revoke the extension on the ground that the party had not been served a copy of the request under paragraph (1).

Where section 43(3) of the Act applies, the Registrar must by notice in writing to the applicant for the registration of a geographical indication —

Where the Registrar refuses under section 43(4) of the Act to accept an application for registration, the Registrar must notify the applicant of the Registrar’s decision in writing.

An application for registration of a geographical indication that has been accepted must be published in the Geographical Indications Journal during such time as the Registrar may direct.

In the case of an application for registration of a geographical indication mentioned in section 41(4) or (6) of the Act that is to be registered with the consent of the proprietor of a trade mark, the publication of the application in the Geographical Indications Journal must include the words “By Consent” and the registration number of that trade mark, where applicable.

The publication of an application for registration of a homonymous geographical indication in the Geographical Indications Journal must include —

If, as at the date of the publication mentioned in paragraph (3), the application for registration of the earlier geographical indication has been published in the Geographical Indications Journal but the earlier geographical indication has not been registered, the entry in the Geographical Indications Journal for the application for registration of the earlier geographical indication must be amended to include —

If, as at the date of the publication mentioned in paragraph (3), the application for registration of the earlier geographical indication has not been published in the Geographical Indications Journal, the entry in the Geographical Indications Journal for the application for registration of the earlier geographical indication must include —

Where an application is made for the registration of a geographical indication that is a homonymous geographical indication in relation to an earlier geographical indication, the Registrar must, by notice in writing, require the applicant for the registration to consult with the applicant for registration or registrant (as the case may be) of the earlier geographical indication, on the possibility of agreement to the practical conditions to be imposed under section 42(2) of the Act differentiating the homonymous geographical indication from the earlier geographical indication.

The notice mentioned in paragraph (1) must be sent to both the applicant for registration of the homonymous geographical indication and the applicant for registration or registrant (as the case may be) of the earlier geographical indication (called in this rule the parties), and must specify —

If the parties reach an agreement on the practical conditions to be imposed within the period specified under paragraph (2)(a), the applicant for registration of the homonymous geographical indication must, within the period specified under paragraph (2)(b), file with the Registrar a copy of the agreement, including the details of the practical conditions proposed by the parties.

If no agreement is reached between the parties on the practical conditions to be imposed within the period specified under paragraph (2)(a), each party must, within the period specified under paragraph (2)(c), file with the Registrar a submission —

The Registrar must inform the parties in writing of the Registrar’s decision on the practical conditions to be imposed with the registration of their geographical indications.

If —

A person (called in this Division the opponent) may, within 6 weeks (or such longer period as may be granted under rule 30) after the date of publication of an application for registration of a geographical indication mentioned in rule 25, file with the Registrar —

The opponent must serve on the applicant a copy of the notice of opposition and a copy of the opponent’s statutory declaration at the same time the notice of opposition and the statutory declaration are filed with the Registrar.

If the opponent does not comply with paragraph (1) or (2), the notice of opposition is treated as if it had not been filed.

The notice of opposition must specify the geographical indication or variant of the geographical indication that the opponent opposes the registration of, and contain a statement of the grounds upon which the opponent opposes the registration of the geographical indication.

The grounds in paragraph (1) must be one of the grounds specified in section 41 of the Act.

Where the opponent opposes the registration of 2 or more variants constituting a geographical indication, the statement of the grounds mentioned in paragraph (1) must specify which variant or variants each of the grounds relates to.

If registration is opposed on the ground that there exists a likelihood of confusion on the part of the public because the geographical indication is identical with or similar to, and has the same geographical origin as, an earlier geographical indication, the following must be included in the statement for the purpose of determining whether the ground is established:

If registration is opposed on the ground that there exists a likelihood of confusion on the part of the public because —

If registration is opposed on the ground that —

Within 6 weeks (or such longer period as may be granted under rule 30) after the date on which the applicant receives from the opponent the copies of the notice of opposition and the statutory declaration mentioned in rule 27(1)(b), the applicant must file with the Registrar —

The counter-statement must set out —

Where the opponent opposes the registration of 2 or more variants constituting a geographical indication, the counter-statement mentioned in paragraph (1)(a) must specify which variant or variants each of the grounds mentioned in paragraph (2)(a) relates to.

The applicant must serve on the opponent a copy of the counter‑statement and the applicant’s statutory declaration at the same time the counter-statement and the statutory declaration are filed with the Registrar.

If the applicant does not comply with paragraph (1), (2) or (3), the application for registration is treated as withdrawn.

A party may request to extend the period for the filing of a notice of opposition and the statutory declaration mentioned in rule 27(1)(b) or a counter-statement and the statutory declaration mentioned in rule 29(1) by filing with the Registrar Form HC3 —

The request for an extension of time must state —

The party requesting an extension of time under paragraph (1) must serve on the other party a copy of the request at the same time the request is filed with the Registrar.

The other party may object to a request under paragraph (1) not later than 2 weeks after the date of receipt of a copy of the request.

The Registrar may refuse to grant a request under paragraph (1) if the party who requested an extension of time —

The Registrar may grant or refuse to grant a request under paragraph (1) without a hearing unless it appears to the Registrar that a hearing in accordance with rule 73(1) is required.

The Registrar must, by notice in writing, inform the party who requested an extension of time —

If the request under paragraph (1) is granted, the Registrar must, by notice in writing, inform the other party of the length of the extension granted to the party who requested an extension of time.

The other party may, not later than 2 weeks after receiving the notice in paragraph (8), apply in writing to the Registrar to revoke the extension on the ground that the party had not been served a copy of the request under paragraph (1).

Within one month (or such longer period as may be granted under this rule) after the date on which the opponent receives from the applicant the copies of the counter‑statement and the statutory declaration mentioned in rule 29(1), the opponent may file with the Registrar a statutory declaration setting out the opponent’s evidence in reply.

If the opponent files with the Registrar the opponent’s statutory declaration mentioned in paragraph (1), the opponent must serve on the applicant a copy of the statutory declaration at the same time the same declaration is filed with the Registrar.

The opponent’s statutory declaration mentioned in paragraph (1) must be confined strictly to matters in response to the applicant’s statutory declaration mentioned in rule 29(1)(b).

The opponent may request for an extension of time to file the statutory declaration under paragraph (1) by filing with the Registrar Form HC3 before the expiry of the period (including any extension previously granted under this rule) specified in paragraph (1).

The request for the extension of time must state —

The opponent must serve on the applicant a copy of the request under paragraph (4) at the same time the request is filed with the Registrar.

The applicant may object to the request under paragraph (4) not later than 2 weeks after the date of receipt of a copy of the request.

The Registrar may refuse to grant the request under paragraph (4) if the opponent —

The Registrar may grant or refuse to grant the request under paragraph (4) without a hearing unless it appears to the Registrar that a hearing in accordance with rule 73(1) is required.

The Registrar must, by notice in writing, inform the opponent —

If the request under paragraph (4) is granted, the Registrar must, by notice in writing, inform the applicant of the length of the extension granted to the opponent.

The applicant may, not later than 2 weeks after receiving the notice in paragraph (11), apply in writing to the Registrar to revoke the extension on the ground that the applicant had not been served a copy of the request under paragraph (4).

Subject to paragraph (2), no further evidence may be filed by any party upon the expiry of the period for the opponent to file the opponent’s evidence in reply.

In any opposition proceedings before the Registrar, the Registrar may at any time, if the Registrar thinks fit, give permission to either party to file further evidence upon such terms as to costs or otherwise as the Registrar thinks fit.

In any opposition proceedings, a party who relies on an exhibit in support of that party’s case must send a copy of that exhibit to the other party.

If a copy of an exhibit cannot conveniently be sent under paragraph (1), the original exhibit must be filed with the Registrar.

The original exhibit must be produced at the opposition hearing unless the Registrar otherwise directs.

At any time after the filing of the statutory declaration mentioned in rule 31(1), or the expiry of the period specified in that rule for the filing of the statutory declaration, the Registrar may direct the parties to attend a pre-hearing review at which the Registrar may give such directions as the Registrar considers necessary or desirable for securing the just, expeditious and economical disposal of the proceedings.

At the pre-hearing review, the Registrar may consider any matter including the possibility of settlement of all or any of the matters in dispute in the application or the proceedings, and may require the parties to provide the Registrar with such information as the Registrar may require.

If any party fails to comply with any direction given under paragraph (1) or any requirement imposed under paragraph (2), the Registrar may —

Any direction or order by the Registrar may be set aside or varied by the Registrar on such terms as the Registrar thinks fit.

If, during or pursuant to a pre-hearing review, the parties are agreeable to a settlement of all or any of the matters in dispute in any application or proceedings, the Registrar may —

If a party does not appear at a pre-hearing review, the Registrar may —