Trade Marks Act

(Original Enactment: Ordinance 38 of 1938)

(30th March 1987)
An Act for the registration of trade marks.
[1st February 1939]
Short title
1.  This Act may be cited as the Trade Marks Act.
2.  In this Act, unless the context otherwise requires —
“assignment” means assignment by act of the parties concerned;
“court” means the High Court;
“limitations” means any limitations of the exclusive right to the use of a trade mark given by a person as proprietor thereof, including limitations of that right as to mode of use, as to use in relation to goods to be sold, or otherwise traded in, in any place within Singapore, or as to use in relation to goods to be exported to any market outside Singapore;
“mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof;
“prescribed” means, in relation to proceedings before the court or preliminary thereto or connected therewith, prescribed by Rules of Court made under the Supreme Court of Judicature Act [Cap. 322] and in other cases, prescribed by this Act or in any rules made thereunder;
“registrable trade mark” means a trade mark which is capable of registration under the provisions of this Act;
“register” means the register of trade marks kept under the provisions of this Act;
“registered trade mark” means a trade mark which is actually upon the register;
“registered user” means a person who is for the time being registered as such under section 30;
“Registrar” means the Registrar of Trade Marks appointed under section 3;
“trade mark” means, except in relation to a certification trade mark, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the mark, whether with or without any indication of the identity of that person, and means, in relation to a certification trade mark, a mark registered or deemed to have been registered under section 68;
“transmission” means transmission by operation of law, devolution on the personal representatives of a deceased person, and any other mode of transfer not being an assignment.
Appointment of Registrar
3.—(1)  The President may appoint a fit and proper person to be the Registrar of Trade Marks for the purposes of this Act.
(2)  The Registrar shall have a seal of such device as may be approved by the Minister.
(3)  Impressions of such seal shall be judicially noticed and admitted in evidence.
(4)  Any act or thing directed to be done by or to the Registrar may be done by or to any officer authorised by the President.
Register of trade marks
Register of trade marks
4.  The Registrar shall for the purposes of this Act keep a record called the “register of trade marks” wherein shall be entered all registered trade marks, with the names, addresses and descriptions of their proprietors, notifications of assignments and transmissions, the names, addresses and descriptions of all registered users, disclaimers, conditions, limitations, and such other matters relating to such trade marks as may from time to time be prescribed.
Division of register
5.  The register shall be divided into two parts to be called respectively Part A and Part B.
Trust not to be entered in register
6.  There shall not be entered in the register any notice of any trust expressed, implied or constructive, nor shall any such notice be receivable by the Registrar.
Inspection of and extract from register
7.  The register shall at all convenient times be open to the inspection of the public, subject to such rules as may be prescribed, and certified copies sealed with the seal of the Registrar of any entry in the register shall be given to any person requiring them on payment of the prescribed fee.