Trade Marks Act 1998 · 2020 Revised Edition · Part 2 · Registration of Trade Marks
22. Revocation of registration
Feedback & supportThe registration of a trade mark may be revoked on any of the following grounds:
trade mark
“trade mark” means any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person;
that, within the period of 5 years following the date of completion of the registration procedure, it has not been put to genuine use in the course of trade in Singapore, by the proprietor or with the proprietor’s consent, in relation to the goods or services for which it is registered, and there are no proper reasons for non‑use;
that such use has been suspended for an uninterrupted period of 5 years, and there are no proper reasons for non‑use;
that, in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for the product or service for which it is registered;
that, in consequence of the use made of it by the proprietor or with the proprietor’s consent in relation to the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.
For the purposes of subsection (1), use of a trade mark includes use in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, and use in Singapore includes applying the trade mark to goods or to materials for the labelling or packaging of goods in Singapore solely for export purposes.
The registration of a trade mark must not be revoked on the ground mentioned in paragraph (a) or (b) of subsection (1) if such use as is referred to in that paragraph is commenced or resumed after the expiry of the 5 year period and before the application for revocation is made.
Any commencement or resumption of use referred to in subsection (3) after the expiry of the 5 year period but within the period of 3 months before the making of the application for revocation must be disregarded unless preparations for the commencement or resumption began before the proprietor became aware that the application might be made.
proprietor
“proprietor” means —(a)in relation to a registered trade mark — the person in whose name the trade mark is registered; or(b)in relation to an unregistered trade mark that is a well known trade mark — the person to whom the trade mark belongs;
An application for revocation may be made by any person, and may be made either to the Registrar or to the Court, except that —
Registrar
“Registrar” means the Registrar of Trade Marks mentioned in section 62 and includes any Deputy Registrar of Trade Marks mentioned in that section;
if proceedings concerning the trade mark in question are pending in the Court — the application must be made to the Court; and
if in any other case the application is made to the Registrar — the Registrar may at any stage of the proceedings refer the application to the Court.
Where grounds for revocation exist in respect of only some of the goods or services for which the trade mark is registered, revocation must relate to those goods or services only.
Where the registration of a trade mark is revoked to any extent, the rights of the proprietor are deemed to have ceased to that extent as from —
the date of the application for revocation; or
if the Registrar or the Court is satisfied that the grounds for revocation existed at an earlier date, that date.