PART IX | ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS |
| Registrar of Trade Marks and other officers |
62.—(1) There shall be a Registrar of Trade Marks who shall have the control of the Registry of Trade Marks.| (2) 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 section 63. |
| (3) There shall be one or more Assistant Registrars of Trade Marks. |
| (4) The Registrar and all the other officers under this section shall be appointed by the Minister. |
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| 63.—(1) 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, any public officer, or any person with the relevant qualifications for or experience in the matter or class of matters, 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. [Act 4 of 2014 wef 10/03/2014] | (2) A delegation under this section is revocable at will and no delegation shall prevent the exercise of a power or function by the Registrar or by a Deputy Registrar of Trade Marks. |
| (3) A person with the relevant qualifications or experience referred to in subsection (1) shall, when exercising the delegated powers and functions, be deemed to be a public servant for the purposes of the Penal Code (Cap. 224). [Act 4 of 2014 wef 10/03/2014] |
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| 64. For the purposes of this Act, there shall be established an office which shall be known as the Registry of Trade Marks. |
| 65. There shall be a seal of the Registry and impressions of the seal shall be judicially noticed. |
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66.—(1) The Registrar shall maintain a register of trade marks.(2) There shall be entered in the register in accordance with this Act —| (a) | registered trade marks; | | (b) | such particulars as may be prescribed of registrable transactions affecting a registered trade mark; and | | (c) | such other matters relating to registered trade marks as may be prescribed. |
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| (3) The register may be kept in whole or in part using a computer. |
| (4) Any record of a particular or other matter made by using a computer for the purpose of keeping the register is taken to be an entry in the register. [UK Trade Marks Act 1994, s. 63; Aust. Trade Marks Act 1995, s. 208] |
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| Rectification or correction of register |
67.—(1) Any person having a sufficient interest may apply for the rectification of an error or omission in the register.| (2) An application for rectification may not be made in respect of a matter affecting the validity of the registration of a trade mark. |
(3) An application for rectification may be made either to the Registrar or to the Court, except that —| (a) | if proceedings concerning the trade mark in question are pending in the Court, the application must be made to the Court; and | | (b) | if in any other case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the Court. |
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| (4) Except where the Registrar or the Court directs otherwise, the effect of rectification of the register is that the error or omission in question shall be deemed never to have been made. |
| (5) The Registrar may, on request made in the prescribed manner by the proprietor of a registered trade mark, or a licensee, enter any change in his name or address as recorded in the register. |
| (6) The Registrar may remove from the register matter appearing to him to have ceased to have effect. [UK Trade Marks Act 1994, s. 64] |
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| Inspection of and extract from register |
68.—(1) The register shall be available at the Registry for inspection by any person during the hours when the Registry is open for business.| (2) If the register, or any part of the register, is kept by using a computer, subsection (1) is satisfied if a person who wants to inspect the register or that part of the register is given access to a computer terminal from which he can read on a screen, or obtain a printed copy of, the particulars or other matters recorded in the register or that part of 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. [Act 16 of 2012 wef 13/11/2014] |
| (4) In relation to any portion of the register kept otherwise than in documentary form, the right to a copy or extract conferred by subsection (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” mean a copy and extract certified by the Registrar. [Act 16 of 2012 wef 13/11/2014] [Aust. Trade Marks Act 1995, s. 209] |
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| Powers and duties of Registrar |
| Costs awarded by Registrar |
69.—(1) The Registrar may award costs in respect of the matters, and in the amounts provided for in rules made under this Act, against any party to proceedings brought before him.| (2) The rules may provide for the taxation of the costs, or any part of the costs, by the Registrar. |
| (3) A party desirous to obtain costs or to have the costs taxed must apply to the Registrar in accordance with the rules. |
| (4) If a party is ordered to pay the costs of another party, the costs may be recovered in a court of competent jurisdiction as a debt due by the first party to the other party. [Aust. Trade Marks Act 1995, s. 221] |
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70. If a person who neither resides nor carries on business in Singapore —| (a) | gives notice of opposition under section 13; or | | (b) | applies to the Registrar under section 22 or 23 for the registration of a trade mark to be revoked or to be declared invalid, as the case may be, |
| the Registrar may require the person to give security for the costs for the proceedings and may, if security is not given, dismiss the proceedings. |
[Aust. Trade Marks Act 1995, s. 222] |
| Evidence before Registrar |
71. The Registrar may, for the purposes of any proceedings before him under this Act —| (a) | summon witnesses; | | (b) | receive evidence on oath, whether orally or otherwise; and | | (c) | require the production of documents or articles. |
[Patents 1995 Ed., s. 8] |
| Disobedience to summons an offence |
72.—(1) A person who has been summoned to appear as a witness before the Registrar shall not, without lawful excuse, fail to appear in obedience to the summons.| (2) A person who has been required by the Registrar to produce a document or article shall not, without lawful excuse, fail to produce the document or article. |
| (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. [Patents 1995 Ed., s. 9] |
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| Refusal to give evidence an offence |
73.—(1) A person who appears before the Registrar shall not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce documents or articles, or to answer questions, which he is lawfully required to produce or answer.| (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. [Patents 1995 Ed., s. 10] |
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| Exclusion of liability in respect of official acts |
| 74.—(1) The Office and the Registrar shall not be taken to warrant the validity of the registration of a trade mark under this Act or under any treaty, convention, arrangement or engagement to which Singapore is a party. [3/2001] | (2) Neither the Office nor the Registrar is subject to any liability by reason of, or in connection with, any examination required or authorised by this Act, or any such treaty, convention, arrangement or engagement, or any report or other proceedings consequent on such examination. [3/2001] |
| (3) No proceedings shall lie against an officer of the Office or the Registrar in respect of any matter for which, by virtue of this section, the Office or the Registrar is not liable. [UK Trade Marks Act 1994, s. 70] [3/2001] |
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| 75.—(1) Except as provided under subsections (2) and (3) or by rules made under this Act, there shall be no appeal from a decision of the Registrar for any matter under this Act or the rules made thereunder. [Act 16 of 2016 wef 10/06/2016] (2) The following shall be subject to appeal to the Court:| (a) | decision of the Registrar as to the registrability of a trade mark; | | (b) | decision of the Registrar not to allow any alteration of a registered trade mark as described in section 20; | | (c) | decision of the Registrar relating to an application for revocation under section 22; | | (d) | decision of the Registrar relating to an application for a declaration of invalidity under section 23; | | (e) | decision of the Registrar under section 67. |
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| (3) Where the Registrar makes a decision in any interlocutory proceedings between 2 or more parties, and the decision terminates any matter concerning a trade mark or an application for a trade mark, any of those parties who is adversely affected by the termination of the matter may appeal to the Court from the decision of the Registrar. [Act 16 of 2016 wef 10/06/2016] |
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| Forms, fees, hours of business and publication |
| Forms and directions of Registrar |
76. The Minister may make rules for the publication by the Registrar of —| (a) | the forms to be used for any purpose relating to the registration of a trade mark or any other proceedings before the Registrar under this Act; and | | (b) | the practice directions issued by the Registrar. [20/2004] |
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77.—(1) There shall be paid in respect of applications and registration and other matters under this Act such fees as may be prescribed.| (2) The Minister may make rules as to the remission of fees in the prescribed circumstances. |
| (3) All fees collected shall be paid into the funds of the Office. [3/2001] |
| (4) Subsection (3) shall not apply to fees prescribed in rules made under section 54(2)(g) which are to be forwarded to the International Bureau. [UK Trade Marks Act 1994, s. 79] [3/2001] |
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| Hours of business and excluded days |
78.—(1) The Registrar may issue practice directions to specify —| (a) | the hours of business of the Registry; and | | (b) | the days which are to be treated as excluded days. [20/2004] |
(2) The Minister may prescribe the effect of doing any business under this Act —| (a) | on any day after the hours of business of the Registry; or | | (b) | on any day which is an excluded day. [20/2004] |
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(3) For the purposes of subsections (1) and (2) —| (a) | different hours of business may be specified for different classes of business; | | (b) | different excluded days may be specified for different classes of business; and | | (c) | different effects of doing business —| (i) | outside the hours of business of the Registry; or | | (ii) | on an excluded day, |
| may be prescribed for different classes of business. |
[20/2004] |
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| Publication of trade mark applications, etc. |
| 79. The Minister may make rules for the publication by the Registrar of the particulars of any application for the registration of a trade mark (including a representation of the mark) and such other information relating to trade marks as the Registrar thinks fit. [UK Trade Marks Act 1994, s. 81] |
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| 80. Except as otherwise provided by rules, any act required or authorised by this Act to be done by or to a person in connection with the registration of a trade mark, or any procedure relating to a registered trade mark, may be done by or to an agent authorised by that person orally or in writing. [UK Trade Marks Act 1994, s. 82] |
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