Singapore legislation

Section 75

of Trade Marks Act 1998

Section 75

Appeals from Registrar

Amended by16/201616/201623/201940/201940/2019

(1)

Except as provided under subsections (2) and (3) or by rules made under this Act, there is no appeal from a decision of the Registrar for any matter under this Act or the rules made under this Act.

Amended by16/2016

(2)

The following are subject to appeal to the Court:

(a)

a decision of the Registrar as to the registrability of a trade mark;

(b)

a decision of the Registrar not to allow any alteration of a registered trade mark as described in section 20;

(c)

a decision of the Registrar relating to an application for revocation under section 22;

(d)

a decision of the Registrar relating to an application for a declaration of invalidity under section 23;

(e)

a decision of the Registrar under section 67.

(3)

Where the Registrar makes a decision in any interlocutory proceedings between 2 or more parties, and the decision terminates any matter concerning a trade mark or an application for a trade mark, any of those parties who is adversely affected by the termination of the matter may appeal to the Court from the decision of the Registrar.

Amended by16/2016

(4)

An appeal does not lie to the appellate court from a decision of the Court on appeal from a decision of the Registrar for any matter under this Act or the rules made under this Act unless leave to appeal is given by the appellate court.

Amended by23/201940/2019

(5)

In this section, “appellate court” means the court to which an appeal under subsection (4) is to be made under section 29C of the Supreme Court of Judicature Act 1969.

Amended by40/2019