Singapore legislation

Regulation 11

of Geographical Indications Rules 2019

Regulation 11

Address for service

Amended byS 398/2022 wef 26/05/2022S 398/2022 wef 26/05/2022S 398/2022 wef 26/05/2022S 398/2022 wef 26/05/2022S 398/2022 wef 26/05/2022S 398/2022 wef 26/05/2022

Subregulation 1

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 —

(a)

every applicant for registration of a geographical indication under section 39 of the Act; (b)every registrant of a geographical indication;

(c)

every person, not being the registrant, applying for the renewal of the registration of a registered geographical indication; (d)every registrant applying under section 53 of the Act to transfer the registration of a registered geographical indication;

(e)

every person to whom the registration of a registered geographical indication is being transferred under section 53 of the Act (called in this rule a transferee);

(f)

every person making a request under section 46 of the Act for an entry in the register of a qualification of the rights conferred under the Act in respect of a registered geographical indication; (g)every applicant for the cancellation of the registration of a geographical indication under section 52 of the Act;

(h)

every applicant for the rectification of an error or omission in the register under section 22 of the Act;

(i)

every person opposing any of the following:

(i)

an application under section 39 of the Act for registration of a geographical indication;

(ii)

a request under section 46 of the Act for an entry in the register of a qualification of the rights conferred under the Act in respect of a registered geographical indication; (iii)an application under section 52 of the Act for the cancellation of the registration of a geographical indication;

(iv)

an application under section 22 of the Act for the rectification of an error or omission in the register; (j)every person objecting to an application under section 47(2) of the Act for an amendment of an application for registration of a geographical indication which has been published; and

(k)

every other party to any proceedings before the Registrar.

Subregulation 2

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.

Subregulation 3

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

Subregulation 4

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.

Subregulation 5

Amended byS 398/2022 wef 26/05/2022S 398/2022 wef 26/05/2022S 398/2022 wef 26/05/2022S 398/2022 wef 26/05/2022

Despite paragraph (4) —

(a)

except where an address for service is specifically provided for any particular proceedings, an address for service provided in Form GI1 by an applicant for registration of a geographical indication is effective for the purposes of all proceedings in respect of the application for registration of the geographical indication;

(b)

an address for service provided in accordance with sub‑paragraph (a) by a person as an applicant for registration of a geographical indication is, upon registration of the geographical indication, the address for service of that person as the registrant of that geographical indication, unless —

(i)

the Registrar is notified of a change in the address for service in accordance with paragraph (11) or rule 57; or

(ii)

the Registrar is notified of a transfer of registration of the geographical indication to another person in accordance with rule 58;

(c)

an address for service for a transferee, that is provided in Form CM8 by the registrant with the transferee’s authority, is effective for all matters in respect of the registered geographical indication after the transfer;

(d)

an address for service provided in Form GI13 by a person opposing any of the following applications or requests is effective for the purposes of the opposition proceedings, and any related proceedings under Part 8:

(i)

an application under section 39 of the Act for the registration of a geographical indication;

(ii)

a request under section 46 of the Act for an entry in the register of a qualification of the rights conferred under the Act in respect of a registered geographical indication; (iii)an application under section 52 of the Act for the cancellation of the registration of a geographical indication;

(iv)

an application under section 22 of the Act for the rectification of an error or omission in the register;

(e)

an address for service provided in Form GI13 by a person objecting to an application under section 47(2) of the Act for an amendment of an application for registration which has been published, is effective for the purposes of the objection proceedings, and any related proceedings under Part 8;

(f)

an address for service provided in Form HC6 by a person replying to an opposition to any of the following is effective for the purposes of the opposition proceedings, and any related proceedings under Part 8:

(i)

an application under section 39 of the Act for registration of a geographical indication;

(ii)

a request under section 46 of the Act for an entry in the register of a qualification of the rights conferred under the Act in respect of a registered geographical indication;

(iii)

an application under section 52 of the Act for the cancellation of the registration of a geographical indication;

(iv)

an application under section 22 of the Act for the rectification of an error or omission in the register; and

(g)

an address for service provided in Form HC6 by a person replying to an objection to an application under section 47(2) of the Act for an amendment of an application for registration of a geographical indication which has been published is effective for the purposes of the objection proceedings, and any related proceedings under Part 8.

Subregulation 6

If —

(a)

an address for service in Singapore was not provided by or on behalf of a person in accordance with paragraph (2) or (3) for any particular proceedings; and

(b)

there is no address in Singapore that is treated as effective under paragraph (5) for that person for the purposes of those proceedings,the Registrar may treat that person’s trade or business address in Singapore as that person’s address for service for those proceedings.

Subregulation 7

If —

(a)

an address for service in Singapore was not provided by or on behalf of a person in accordance with paragraph (2) or (3) for any particular proceedings; (b)there is no address in Singapore that is treated as effective under paragraph (5) for that person for the purposes of those proceedings; and

(c)

the person does not have any trade or business address in Singapore that is known to the Registrar, the Registrar may send to any alternative address of the person notice to provide an address for service in Singapore within 2 months after the date of the notice.

Subregulation 8

If —

(a)

the Registrar does not have any alternative address of the person to which a notice may be sent under paragraph (7); or

(b)

the Registrar sends a notice under paragraph (7) to the person’s alternative address and no address for service is provided within 2 months after the date of the notice,then —

(c)

where the person is a person mentioned in paragraph (1)(a), (c), (d), (f), (g) or (h), the application or request (as the case may be) is treated as withdrawn;

(d)

where the person is a person mentioned in paragraph (1)(i) or (j), the person is treated as having withdrawn from the proceedings in question; and

(e)

where the person is a registrant mentioned in paragraph (1)(b) or a party mentioned in paragraph (1)(k), the registrant or party is not permitted to take part in the matter or proceedings in question.

Subregulation 9

Amended byS 398/2022 wef 26/05/2022

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

(a)

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

(b)

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 address to be used for correspondence with the person for such matter.

Subregulation 10

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.

Subregulation 11

Amended byS 398/2022 wef 26/05/2022

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.