Trade Marks Act 1998 · 2020 Revised Edition · Part 2 · Registration of Trade Marks
24. Effect of acquiescence
Feedback & supportWhere the proprietor of an earlier trade mark or other earlier right has acquiesced for a continuous period of 5 years in the use in the course of trade of a registered trade mark in Singapore, being aware of that use, there ceases to be any entitlement on the basis of that earlier trade mark or other right —
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;
to apply for a declaration that the registration of the later trade mark is invalid; or
to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used,unless the registration of the later trade mark was applied for in bad faith.
Where subsection (1) applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade mark or (as the case may be) the exploitation of the earlier right, even though the earlier trade mark or right may no longer be invoked against the proprietor’s later trade mark.
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;
For the purposes of subsection (1), in deciding whether the registration of the later trade mark was applied for in bad faith, it is relevant to consider whether the applicant for the registration of the later trade mark had, at the time the applicant’s application was made, knowledge of, or reason to know of, the earlier trade mark or other right.
earlier trade mark
“earlier trade mark” means —(a)a registered trade mark or an international trade mark (Singapore), the application for registration of which was made earlier than the trade mark in question, taking account (where appropriate) of the priorities claimed in respect of the trade marks; or(b)a trade mark which, at the date of application for registration of the trade mark in question or (where appropriate) of the priority claimed in respect of the application, was a well known trade mark,and includes a trade mark in respect of which an application for registration has been made and which, if registered, would be an earlier trade mark by virtue of paragraph (a) subject to its being so registered;