Trade Marks Act 1998 · 2020 Revised Edition · Part 7 · International Matters
59. Acts of agent or representative: Article 6septies of the Paris Convention, etc.
Feedback & supportSubsections (2) to (6) apply where an application for registration of a trade mark is made by a person who is an agent or representative of a person who is the proprietor of the trade mark in a Convention country.
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;
If the proprietor opposes the application, registration must be refused.
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;
If the application (not being so opposed) is granted, the proprietor may —
apply for a declaration of the invalidity of the registration; or
apply for the rectification of the register so as to substitute the proprietor’s name as the proprietor of the registered trade mark.
The proprietor may (notwithstanding the rights conferred by this Act in relation to a registered trade mark) by injunction restrain any use in the course of trade of the trade mark in Singapore which is not authorised by the proprietor.
Subsections (2), (3) and (4) do not apply if, or to the extent that, the agent or representative justifies the agent’s or representative’s action.
An application under subsection (3)(a) or (b) must be made within 3 years of the proprietor becoming aware of the registration.
No injunction may be granted under subsection (4) in respect of a use in which the proprietor has acquiesced for a continuous period of 3 years or more.