Registration of trade marks in Part B
12.—(1)  Where any mark has for not less than two years been bona fide used in Singapore upon or in connection with any goods (whether for sale in Singapore or exportation abroad), for the purpose of indicating that they are goods of the proprietor of the mark by virtue of manufacture, selection, certification, dealing with or offering for sale, or where any mark has been registered in Part B of the register kept in the United Kingdom under the Trade Marks Act 1938 [U.K. 1938 c. 22] the person claiming to be the proprietor of the mark may apply in writing to the Registrar in the prescribed manner to have the mark entered as his registered trade mark in Part B of the register in respect of such goods.
(2)  The Registrar shall consider every such application for registration of a trade mark in Part B of the register, and if it appears to him, after such search, if any, as he may consider necessary, that the application is inconsistent with section 15 or 23, or if he is not satisfied that the mark has been so used as aforesaid, or that it is capable of distinguishing the goods of the applicant, he may refuse the application, or may accept it subject to conditions, amendments or modifications as to the goods or classes of goods in respect of which the mark is to be registered, or to such limitations, if any, as to mode or place of user or otherwise as he may think right to impose, and in any other case he shall accept the application.
(3)  Every such application shall be accompanied by a statutory declaration verifying the user, including the date of first user, and such date shall be entered on the register:
     Provided that where the date of first user is not known with certainty it shall be sufficient to state the earliest date on which the mark was known to have been used and such date shall be entered in the register as the date of first user.
(4)  Any such refusal or conditional acceptance shall be subject to appeal in the prescribed manner to the court, and, if the ground for refusal is insufficiency of evidence as to user the refusal shall be without prejudice to any application for registration of the trade mark in Part A of the register.
(5)  A mark may be registered in Part B notwithstanding any registration in Part A by the same proprietor of the same mark or any part or parts thereof.
(6)  Section 68 does not apply in respect of trade marks to which this section applies.