Trade Marks Act 1998 · 2020 Revised Edition · Part 7 · International Matters
55A. Permitted use of well known trade marks
Feedback & supportDespite section 55, the proprietor of a well known trade mark is not entitled to restrain by injunction the use in Singapore, in accordance with honest practices in industrial or commercial matters, by any person of —
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;
the name of —
the person himself or herself;
the person’s place of business;
the person’s predecessor in business; or
the place of business of the person’s predecessor in business;
any sign to indicate —
the kind, quality, quantity, intended purpose, value, geographical origin or other characteristic of goods or services; or
the time of production of goods or of the rendering of services; or
the trade mark to indicate the intended purpose of goods (in particular as accessories or spare parts) or services.
Despite section 55, the proprietor of a well known trade mark is not entitled to restrain by injunction the use in Singapore of any registered trade mark in relation to goods or services for which the latter is registered.
well known trade mark
“well known trade mark” means —(a)any registered trade mark that is well known in Singapore; or(b)any unregistered trade mark that is well known in Singapore and that belongs to a person who —(i)is a national of a Convention country; or(ii)is domiciled in, or has a real and effective industrial or commercial establishment in, a Convention country,whether or not that person carries on business, or has any goodwill, in Singapore;
Despite section 55, the proprietor of a well known trade mark is not entitled to restrain by injunction the use in Singapore of the trade mark if such use —
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;
constitutes fair use in comparative commercial advertising or promotion;
is for a non-commercial purpose; or
is for the purpose of news reporting or news commentary.