Clause 9

by deleting paragraph (a) of subsection (3) and substituting the following paragraph:“(a)that there is an earlier trade mark in relation to which —

the conditions set out in section 8(1) or (2) apply;

where the trade mark has been registered pursuant to an application for registration of the trade mark made before 1st July 2004, the conditions set out in section 8(3) apply; or

where the trade mark has been registered pursuant to an application for registration of the trade mark made on or after 1st July 2004, the conditions set out in section 8(3A) apply; or”; and

by deleting subsection (6) and substituting the following subsections:“(6) An application for a declaration of invalidity of the registration of a trade mark on the ground that it was in breach of section 7(7) shall not be made after the expiry of 5 years from —

the date of completion of the registration procedure; or

the date on which use of the trade mark by the person who applied for its registration or his predecessor in title has become generally known in Singapore,whichever is the earlier, unless the applicant shows that the registration of the trade mark was applied for in bad faith.

An application for a declaration of invalidity of the registration of a trade mark on the ground that there is an earlier trade mark in relation to which the conditions set out in section 8(3) or (3A) apply —

shall not be made after the expiry of 5 years from 1st July 2004 or the date of completion of the registration procedure, whichever is the later, unless the applicant for the declaration shows that —

the registration of the later trade mark was applied for in bad faith; or

the later trade mark was never used; and

shall not be granted if the registration of the later trade mark was applied for before the earlier trade mark became well known in Singapore, unless the applicant for the declaration shows that the registration of the later trade mark was applied for in bad faith.

In deciding whether the registration of the later trade mark was applied for in bad faith, it shall be relevant to consider whether the applicant for the registration of the later trade mark had, at the time his application was made, knowledge of, or reason to know of, the earlier trade mark.”.