Singapore legislation

Section 3

of Trade Marks Act 1998

Section 3

Meaning of infringing goods, material or articles and counterfeit goods or trade mark

(1)

For the purposes of this Act —

(a)

“infringing goods”, “infringing material” and “infringing articles” are to be construed in accordance with subsections (2), (3) and (4), respectively; and

(b)

“counterfeit goods” and “counterfeit trade mark” are to be construed in accordance with subsections (5) and (6), respectively.

(2)

Goods are “infringing goods”, in relation to a registered trade mark, if they or their packaging bears a sign identical with or similar to that mark and —

(a)

the application of the sign to the goods or their packaging was an infringement of the registered trade mark;

(b)

the goods are proposed to be imported into Singapore and the application of the sign in Singapore to them or their packaging would be an infringement of the registered trade mark; or

(c)

the sign has otherwise been used in relation to the goods in such a way as to infringe the registered trade mark.

(3)

Material is “infringing material”, in relation to a registered trade mark, if it bears a sign identical with or similar to that mark and either —

(a)

it is used for labelling or packaging goods, as a business paper, or for advertising goods or services, in such a way as to infringe the registered trade mark; or

(b)

it is intended to be so used and such use would infringe the registered trade mark.

(4)

“Infringing articles”, in relation to a registered trade mark, means articles —

(a)

which are used for making copies of a sign identical with or similar to that mark; and

(b)

which a person has in the person’s possession, custody or control, knowing or having reason to believe that they have been or are to be used to produce infringing goods or material.

(5)

Goods are “counterfeit goods”, in relation to a registered trade mark, if —

(a)

they are infringing goods in relation to that mark; and

(b)

the sign borne by them or their packaging is a counterfeit trade mark.

(6)

A sign is a “counterfeit trade mark”, in relation to a registered trade mark, if the sign —

(a)

is identical with or so nearly resembling the registered trade mark as to be calculated to deceive; and

(b)

is applied to goods or services —

(i)

without the express or implied consent (conditional or otherwise) of the proprietor of the registered trade mark; and

(ii)

to falsely represent the goods or services to be the genuine goods or actual services of the proprietor or a licensee of the registered trade mark.

Read in full context — Trade Marks Act 1998 →