Singapore legislation
Regulation 21
of Supreme Court of Judicature (Intellectual Property) Rules 2022
Regulation 21
Particulars to be included in application
An application under section 48A(1) must include the following particulars:
a statement setting out the proposed limitation of the scope of the rights conferred under the Act in respect of a registered geographical indication that is to be entered in the register —
in relation to any name contained in the registered geographical indication that is the subject of the application; or
in relation to any term which may be a possible translation of the registered geographical indication that is the subject of the application;
where the application is made on the ground that an exception under section 11(b) applies to that name or term — the date of the cessation (if applicable) of the protection of the registered geographical indication in its country or territory of origin;
where the application is made on the ground that an exception under section 12(1) applies to that name or term —
the goods or services or related goods or services in relation to which the registered geographical indication (being a geographical indication identifying a wine or a spirit) was continuously used in Singapore by the applicant or by the applicant and the applicant’s predecessor in title (as the case may be) and details of such use;
the name of every such predecessor in title (if any) that has continuously used in Singapore the registered geographical indication; and
the date on which the registered geographical indication was first used in Singapore in relation to the goods or services or related goods or services;
where the application is made on the ground that an exception under section 12(2)(a) applies to that name or term —
the name of the proprietor of the trade mark;
the date on which the trade mark was first used by the applicant;
the details of the registration of the trade mark or the application for the registration of the trade mark, as the case may be;
a representation of the trade mark; and
the date on which the registered geographical indication was first protected in its country or territory of origin;
where the application is made on the ground that an exception under section 12(2)(b) applies to that name or term —
the name of the proprietor of the trade mark;
the date on which the trade mark was first used in Singapore in the manner mentioned in that provision by the applicant or by the applicant and the applicant’s predecessor in title, as the case may be;
the name of every predecessor in title (if any) of the applicant who has used the trade mark in Singapore in the manner mentioned in that provision;
a representation of the trade mark, and details of its use in Singapore in the manner mentioned in that provision by the applicant or by the applicant and every such predecessor in title, as the case may be; and
the date on which the registered geographical indication was first protected in its country or territory of origin;
where the application is made on the ground that an exception under section 16(1) applies to that name or term —
the goods or services or related goods or services in relation to which the registered geographical indication (being a geographical indication identifying any goods other than a wine or a spirit) was continuously used in Singapore by the applicant or the applicant and the applicant’s predecessor in title (as the case may be) and details of such use;
the name of every such predecessor in title (if any) that has continuously used in Singapore the goods or services or related goods or services; and
the date on which the registered geographical indication was first used in Singapore in relation to the goods or services or related goods or services;
where the application is made on the ground that an exception under section 16(2)(a) applies to that name or term —
whether the trade mark is a registered trade mark or an international trade mark (Singapore);
the name of the proprietor of the trade mark;
the date on which the trade mark was first used by the applicant;
the details of the registration of the trade mark or the application for the registration of the trade mark (as the case may be) and the priority date, if any;
a representation of the trade mark; and
the date of application for the registration of the registered geographical indication;
where the application is made on the ground that an exception under section 16(2)(b) applies to that name or term —
the name of the proprietor of the trade mark;
the date on which the trade mark was first used in Singapore in the manner mentioned in that provision by the applicant or by the applicant and the applicant’s predecessor in title, as the case may be;
the name of every predecessor in title (if any) that has used in Singapore the trade mark in the manner mentioned in that provision;
a representation of the trade mark, and details of its use in Singapore in the manner mentioned in that provision by the applicant or by the applicant and every such predecessor in title, as the case may be; and
the date of application for the registration of the registered geographical indication;
where the application is made on the ground that an exception under section 16(3) applies to that name or term —
the name of the proprietor of the well known trade mark;
the date of application for the registration of the registered geographical indication;
details of any matter from which it may be inferred that the trade mark is well known; and
details of how the application of section 4 to the use of the trade mark is liable to mislead consumers as to the true identity of the goods identified by the registered geographical indication.