Trade Marks Act 1998 · 2020 Revised Edition · Part 7 · International Matters
58. Notification under Article 6ter of Paris Convention, etc.
Feedback & supportFor the purposes of section 56, state emblems of a Convention country (other than the national flag), and official signs or hallmarks, are regarded as protected under the Paris Convention or the TRIPS Agreement only if, or to the extent that —
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;
the country in question has notified Singapore in accordance with Article 6ter(3) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, that it desires to protect that emblem, sign or hallmark;
the notification remains in force; and
Singapore has not objected to it in accordance with Article 6ter(4) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, or any such objection has been withdrawn.
For the purposes of section 57, the emblems, abbreviations and names of an international organisation are regarded as protected under the Paris Convention or the TRIPS Agreement only if, or to the extent that —
Paris Convention
“Paris Convention” means the Convention for the Protection of Industrial Property signed at Paris on 20 March 1883, as revised or amended from time to time;
the organisation in question has notified Singapore in accordance with Article 6ter(3) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, that it desires to protect that emblem, abbreviation or name;
the notification remains in force; and
Singapore has not objected to it in accordance with Article 6ter(4) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, or any such objection has been withdrawn.
Notification under Article 6ter(3) of the Paris Convention, or under that Article as applied by the TRIPS Agreement, has effect only in relation to applications for registration made more than 2 months after the receipt of the notification.
TRIPS Agreement
“TRIPS Agreement” means the Agreement on Trade‑Related Aspects of Intellectual Property Rights, set out in Annex 1C to the WTO Agreement, as revised or amended from time to time;
The Registrar must keep and make available for public inspection by any person, at all reasonable hours and free of charge, a list of —
Registrar
“Registrar” means the Registrar of Trade Marks mentioned in section 62 and includes any Deputy Registrar of Trade Marks mentioned in that section;
the state emblems and official signs or hallmarks; and
the emblems, abbreviations and names of international organisations,which are for the time being protected under the Paris Convention or the TRIPS Agreement by virtue of a notification under Article 6ter(3) of that Convention or under that Article as applied by the TRIPS Agreement.