Singapore legislation
Regulation 28
Regulation 28
Contents of notice of opposition
Subregulation 1
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.
Subregulation 2
The grounds in paragraph (1) must be one of the grounds specified in section 41 of the Act.
Subregulation 2A
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.
Subregulation 3
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:
a representation of the earlier geographical indication;
a statement on the geographical origin of the earlier geographical indication; (c)such of the following, as applicable:
if the earlier geographical indication is registered —
its registration number; and
the goods in respect of which the earlier geographical indication is registered;
if an application to register the earlier geographical indication is pending —
the number accorded by the Registrar to the application; and
the goods in respect of which the earlier geographical indication is sought to be registered.
Subregulation 4
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 a trade mark; and (b)the trade mark fulfils either or both of the conditions specified in section 41(5) of the Act, the following must be included in the statement for the purpose of determining whether the ground is established:
a representation of the trade mark; (d)if the trade mark is a registered trade mark or an international trade mark (Singapore) mentioned in section 41(5)(a) of the Act —
its registration number; and (ii)the class number and specification of the goods or services in respect of which the trade mark is registered;
if the trade mark is a trade mark mentioned in section 41(5)(b) of the Act, the specification of the goods and services in respect of which the trade mark is used.
Subregulation 5
If registration is opposed on the ground that —
the geographical indication is identical with or similar to a trade mark that is, before the date of application for registration of the geographical indication, a well known trade mark in Singapore; and (b)the registration of the geographical indication is liable to mislead consumers as to the true identity of the goods identified by the geographical indication, the following additional information must be included in the statement for the purpose of determining whether the ground is established:
a representation of the trade mark;
information on the use of the trade mark; (e)information on any promotion undertaken for the trade mark.