19. Opposition to registration
Feedback & supportLast amended by an amending law of 1991.
Any person may, within the prescribed time from the date of the advertisement of an application for the registration of a trade mark, give notice to the Registrar of opposition to the registration.
prescribed
“prescribed”, in relation to proceedings before the court or preliminary thereto or connected therewith, means prescribed by Rules of Court made under the Supreme Court of Judicature Act and in other cases, prescribed by this Act or in any rules made thereunder;
The notice shall be given in writing in the prescribed manner, and shall include a statement of the grounds of opposition.
The Registrar shall send a copy of the notice to the applicant, and within the prescribed time after receipt of the notice the applicant shall send to the Registrar in the prescribed manner a counter-statement of the grounds on which he relies for his application, and if he does not do so, he shall be deemed to have abandoned his application.
Registrar
“Registrar” means the Registrar of Trade Marks and includes any Deputy Registrar of Trade Marks holding office under this Act;
If the applicant sends such a counter-statement, the Registrar shall furnish a copy thereof to the person giving notice of opposition, and shall after hearing the parties, if so required and considering the evidence, decide whether —
to refuse to register the trade mark;
to register the trade mark subject to such conditions or limitations as he thinks fit;
to register the trade mark without conditions or limitations; or
to permit the trade mark proposed to be registered to be modified in any manner not substantially affecting the identity of the trade mark but in such case the trade mark as so modified shall be advertised in the prescribed manner before being registered.
The decision of the Registrar shall be subject to appeal to the court.
An appeal under this section shall be made in the prescribed manner, and on the appeal the court shall, if required, hear the parties and the Registrar, and shall make an order determining whether, and subject to what conditions, if any, or what limitations, if any, registration is to be permitted.
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;
On the hearing of any such appeal, any party may either in the manner prescribed or by special leave of the court bring forward further material for the consideration of the court.
On an appeal under this section, no further grounds of objection to the registration of a trade mark shall be allowed to be taken by the opponent or the Registrar other than those stated by the opponent as hereinbefore provided, except by leave of the court. Where any further grounds of objection are taken the applicant shall be entitled to withdraw his application without payment of the costs of the opponent on giving notice as prescribed.
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;
In any appeal under this section, the court may, after hearing the Registrar, permit the trade mark proposed to be registered to be modified in any manner not substantially affecting the identity of the trade mark, but in such a case the trade mark as so modified shall be advertised in the prescribed manner before being registered.
If a person giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such a notice, or an appellant, neither resides nor carries on business in Singapore, the Registrar or the court may require him to give security for costs of the proceedings before him or it relative to the opposition or to the appeal, as the case may be, and in default of such security being duly given may treat the opposition or application, or the appeal, as the case may be, as abandoned.
An appeal shall lie from a decision of the court to the Court of Appeal.