Trade Marks Act - Singapore Statutes Online

Action for infringement

31.—(1) An infringement of a registered trade mark is actionable by the proprietor of the trade mark.

(2) Subject to the provisions of this Act, in an action for an infringement, the types of relief that the Court may grant include the following:

(a)	an injunction (subject to such terms, if any, as the Court thinks fit);
(b)	damages;
(c)	an account of profits;
(d)	in any case to which subsection (5) applies, statutory damages under subsection (5)(c). [20/2004]

(3) When the Court awards any damages under subsection (2)(b), the Court may also make an order under subsection (2)(c) for an account of any profits attributable to the infringement that have not been taken into account in computing the damages.

[20/2004]

(4) Except as provided for in subsection (3), the types of relief referred to in paragraphs (b), (c) and (d) of subsection (2) are mutually exclusive.

[20/2004]

(5) In any action for infringement of a registered trade mark where the infringement involves the use of a counterfeit trade mark in relation to goods or services, the plaintiff shall be entitled, at his election, to —

(a)

damages and an account of any profits attributable to the infringement that have not been taken into account in computing the damages;

(b)

an account of profits; or

(c)

statutory damages —

(i)	not exceeding $100,000 for each type of goods or service in relation to which the counterfeit trade mark has been used; and
(ii)	not exceeding in the aggregate $1 million, unless the plaintiff proves that his actual loss from such infringement exceeds $1 million. [20/2004]

(6) In awarding statutory damages under subsection (5)(c), the Court shall have regard to —

(a)	the flagrancy of the infringement of the registered trade mark;
(b)	any loss that the plaintiff has suffered or is likely to suffer by reason of the infringement;
(c)	any benefit shown to have accrued to the defendant by reason of the infringement;
(d)	the need to deter other similar instances of infringement; and
(e)	all other relevant matters. [UK Trade Marks Act 1994, s. 14] [20/2004]

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