International arrangements
75.—(1)  Where any person has registered or has applied for protection for any trade mark in any foreign state to which this section applies, that person or his legal representative or assignee shall be entitled to registration of his trade mark in priority to other applicants; and the registration shall have the same date as the date of application for protection or the foreign state, as the case may be:
     Provided that —
(a)the application for registration is made within 6 months from the date of commencement of Part II or of the application for protection or the foreign state; and
(b)nothing in this section shall entitle the proprietor of a trade mark to recover damages or infringements happening prior to the actual date on which his trade mark is registered in Singapore.
[Act 7 of 1991 wef 01/03/1991]
(1A)  Where an application for protection for a trade mark in respect of services was made in a foreign state before the commencement of the Trade Marks (Amendment) Act 1990, a trade mark in respect of services registered on an application under this section made within 6 months from the date of application for protection in the foreign state shall be registered as of that date.
[Act 7 of 1991 wef 01/03/1991]
(2)  The registration of a trade mark shall not be invalidated by reason only of the use of the trade mark by some other person in Singapore during the aforesaid period of 6 months.
(3)  The application for the registration of a trade mark under this section shall, subject to such further requirements as may be prescribed —
(a)be made in the same manner as an ordinary application under Part II; and
(b)specify —
(i)the foreign state in which the application for protection was made;
(ii)the date on which such application for protection was made.
[Act 7 of 1991 wef 01/03/1991]
(4)  This section shall apply only in the case of those foreign states with respect to which the President may by notification to be published in the Gazette* declare this section to be applicable and so long only in the case of each of such foreign states as the notification continues in force with respect to that state.
*   See G.N. No. S (N.S.) 226/59
[Act 7 of 1991 wef 01/03/1991]
(5)  [Deleted by Act 7 of 1991 wef 01/03/1991]
(6)  For the purposes of this section, “foreign state” shall be deemed to include any colony, protectorate, territory subject to the authority or under the suzerainty of a foreign state and any territory administered by a foreign state in accordance with a mandate from the League of Nations or under the trusteeship system of the United Nations.
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