Trade Marks Act 1998 · 2020 Revised Edition · Part 7 · International Matters
56. National emblems, etc., of Convention countries: Article 6ter of Paris Convention, etc.
Feedback & supportA trade mark which consists of or contains the flag of a Convention country must not be registered without the authorisation of the competent authorities of that country, unless it appears to the Registrar that use of the flag in the manner proposed is permitted without such authorisation.
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;
A trade mark which consists of or contains the armorial bearings or any other state emblem of a Convention country which is protected under the Paris Convention or the TRIPS Agreement must not be registered without the authorisation of the competent authorities of that country.
Convention country
“Convention country” means —(a)in section 10 and paragraph 13 of the Third Schedule, a country or territory, other than Singapore, which is —(i)a party to the Paris Convention; or(ii)a member of the World Trade Organisation; and(b)in any other provision of this Act, a country or territory which is —(i)a party to the Paris Convention; or(ii)a member of the World Trade Organisation;
A trade mark which consists of or contains an official sign or hallmark adopted by a Convention country and indicating control and warranty must not, where the sign or hallmark is protected under the Paris Convention or the TRIPS Agreement, be registered in relation to goods or services of the same, or a similar kind, as those in relation to which it indicates control and warranty, without the authorisation of the competent authorities of the country concerned.
sign
“sign” includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or any combination thereof;
The provisions of this section as to national flags and other state emblems, and official signs or hallmarks, apply equally to anything which from a heraldic point of view imitates any such flag or other emblem, or sign or hallmark.
Nothing in this section prevents the registration of a trade mark on the application of a national of a country who is authorised to make use of a state emblem, or official sign or hallmark, of that country, even though it is similar to that of another country.
Where by virtue of this section the authorisation of the competent authorities of a Convention country is or would be required for the registration of a trade mark, those authorities are entitled to restrain by injunction any use in the course of trade of the trade mark in Singapore without their authorisation.