10. Trade marks registrable in Part A
Feedback & supportLast amended by an amending law of 1991.
A trade mark (other than a certification trade mark) registrable in Part A of the register shall contain or consist of at least one of the following essential particulars:
trade mark
“trade mark” means —(a)except in relation to a defensive or a certification trade mark, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate, a connection in the course of trade between the goods or services and a person who has the right, either as proprietor or as registered user, to use the mark, whether with or without an indication of the identity of that person;(b)in relation to a defensive trade mark, a mark registered under section 41; and(c)in relation to a certification trade mark, a mark registered under section 68;
the name of a company, individual or firm represented in a special or particular manner;
the signature of the applicant for the registration or some predecessor in his business;
an invented word or invented words;
a word or words having no direct reference to the character or quality of the goods or services, and not being according to its ordinary signification a geographical name or surname;
any other distinctive mark; provided that a name, signature, or word or words, other than such as fall within the descriptions in paragraphs (a), (b), (c) and (d), shall not be registrable under this paragraph except upon evidence of its distinctiveness.
For the purposes of this section, a trade mark is distinctive of the goods or services of a person if it is adapted to distinguish goods or services with which that person is or may be connected in the course of trade from goods or services in respect of which no such connection subsists, either generally or, where the trade mark is sought to be registered or is registered subject to conditions or limitations, in relation to use subject to those conditionss or limitations.
limitations
“limitations” means any limitations of the exclusive right to the use of a trade mark given by the registration of a person as proprietor of the trade mark, including limitations of that right as to mode of use, or as to use in relation to —(a)goods to be sold, or otherwise traded in, within Singapore;(b)goods to be exported to any market outside Singapore;(c)services for use or available for acceptance within Singapore; or(d)services for use in any place outside Singapore;
In determining whether a trade mark is adapted to distinguish as aforesaid, the Registrar or the court may have regard to the extent to which —
Registrar
“Registrar” means the Registrar of Trade Marks and includes any Deputy Registrar of Trade Marks holding office under this Act;
the trade mark is inherently adapted to distinguish as aforesaid; and
by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact adapted to distinguish as aforesaid.