Singapore legislation
Clause 15
Clause 15
Repeal and re-enactment of sections 23, 24 and 25
Sections 23, 24 and 25 of the principal Act are repealed and the following sections substituted therefor:“Identical trade marks23.—
Except as provided by section 25, no trade mark shall be registered in respect of any goods or description of goods that is identical with or nearly resembles a trade mark belonging to a different proprietor and already on the register in respect of —
the same goods;
the same description of goods; or
services or a description of services which are associated with those goods or goods of that description.(2) Except as provided by section 25, no trade mark shall be registered in respect of any services or description of services that is identical with or nearly resembles a trade mark belonging to a different proprietor and already on the register in respect of —
the same services;
the same description of services; or
goods or a description of goods which are associated with those services or services of that description.Rival claims to identical trade marks
24. Where separate applications are made by different persons to be registered as proprietors respectively of trade marks that are identical or nearly resemble each other in respect of —
the same goods or services;
the same description of goods or services; or
goods and services or descriptions of goods and services which are associated with each other,the Registrar may refuse to register any of them until their rights have been determined by the court, or have been settled by agreement in a manner approved by him or, on an appeal, by the court.Concurrent use
25. In case of honest concurrent use, or of other special circumstances which in the opinion of the court or the Registrar make it proper to do so, the court or the Registrar, as the case may be, may permit the registration by more than one proprietor, in respect of —
the same goods or services;
the same description of goods or services; or
goods and services or descriptions of goods and services which are associated with each other,of trade marks that are identical or nearly resemble each other, subject to such conditions and limitations as the court or the Registrar, as the case may be, may think it right to impose.”.