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; |
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| “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; |
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| “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 services or otherwise in relation to services. |
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| (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] |
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