Trade Marks Act
(CHAPTER 332)

(Original Enactment: Ordinance 38 of 1938)

REVISED EDITION 1992
(9th March 1992)
An Act for the registration of trade marks.
[1st February 1939]
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Trade Marks Act.
Interpretation
2.—(1)  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 the registration of a person as proprietor of the trade mark, including limitations of that right as to mode of use, or as to use in relation to —
(a)goods to be sold, or otherwise traded in, within Singapore;
(b)goods to be exported to any market outside Singapore;
(c)services for use or available for acceptance within Singapore; or
(d)services for use in any place outside Singapore;
“mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof;
“permitted use” has the meaning assigned to it by section 30(2);
“prescribed”, in relation to proceedings before the court or preliminary thereto or connected therewith, means 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;
“provision”, in relation to services, means their provision for money or money’s worth;
“register” means the register of trade marks kept under the provisions of this Act;
“registered proprietor”, in relation to a trade mark, means the person for the time being entered in the register as proprietor of the trade mark;
“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;
“registrable trade mark” means a trade mark which is capable of registration under the provisions of this Act;
“Registrar” means the Registrar of Trade Marks and includes any Deputy Registrar of Trade Marks holding office under this Act;
“Registry” means the Registry of Trade Marks established under this Act;
“the expiration of the last registration”, in relation to a registered trade mark, means the date of expiration of the original registration of the trade mark or of the last renewal of registration, as the case may be;
“trade mark” means —
(a)except in relation to a defensive or a certification trade mark, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate, a connection in the course of trade between the goods or services and a person who has the right, either as proprietor or as registered user, to use the mark, whether with or without an indication of the identity of that person;
(b)in relation to a defensive trade mark, a mark registered under section 41; and
(c)in relation to a certification trade mark, a mark 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.
(2)  References in this Act to —
(a)the use of a trade mark shall be construed as references to the use of a printed or other visual representation of the mark;
(b)the use of a trade mark in relation to goods shall be construed as references to the use of the mark upon, or in physical or other relation to, goods; and
(c)the use of a trade mark in relation to services shall be construed as references to the use of the mark as or as part of any statement about the availability or performance of the services or otherwise in relation to services.
(3)  For the purposes of this Act, goods and services are associated with each other if it is likely that those goods might be sold or otherwise traded in and those services might be provided by the same business, and a description of goods and a description of services are associated with each other if it is likely that the description of goods might be sold or otherwise traded in and the description of services might be provided by the same business.
(4)  References in this Act to a near resemblances of marks are references to a resemblance so near as to be likely to deceive or cause confusion.
[7/91]
Registrar of Trade Marks and other officers
3.—(1)  For the purposes of this Act, there shall be an office which shall be known as the Registry of Trade Marks.
(2)  There shall be a Registrar of Trade Marks who shall have the chief control of the Registry of Trade Marks.
(3)  There shall be one or more Deputy Registrars of Trade Marks who shall, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act, other than the powers of the Registrar under subsection (5).
(4)  There shall be one or more Assistant Registrars of Trade Marks.
(5)  The Registrar may, in relation to a particular matter or class of matters, by writing under his hand, delegate all or any of his powers or functions under this Act (except this power of delegation) to an Assistant Registrar of Trade Marks so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.
(6)  A delegation under subsection (5) is revocable at will and no delegation prevents the exercise of a power or function by the Registrar or by any Deputy Registrar of Trade Marks.
(7)  The Registrar shall have a seal of such device as may be approved by the Minister.
(8)  Impressions of such seal shall be judicially noticed and admitted in evidence.
(9)  The Registrar and all other officers under this section shall be appointed by the Minister.
[7/91]
Register of trade marks
Register of trade marks
4.—(1)  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 dates of their registration, 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 matter relating to such trade marks as may from time to time be prescribed.
(2)  The Registrar need not keep the register in documentary form.
[7/91]
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.—(1)  The register shall at all convenient times be open to the inspection of the public, subject to such rules as may be prescribed.
(2)  In relation to any portion of the register kept otherwise than in documentary form, the right of inspection conferred by subsection (1) is a right to inspect the material on the register.
(3)  Any person who applies for a certified copy of an entry in the register or a certified extract from the register shall be entitled to obtain such a copy or extract on payment of the prescribed fee; and any person who applies for an uncertified copy or extract shall be entitled to such a copy or extract on payment of the prescribed fee.
(4)  In relation to any portion of the register kept otherwise than in documentary form, the right to a copy or extract conferred by sub-section (3) is a right to a copy or extract in a form in which it can be taken away.
(5)  In this section, “certified copy” and “certified extract” means a copy and extract certified by the Registrar and sealed with the seal of the Registrar.
[7/91]