| REGISTRABILITY OF TRADE MARKS |
| Trade marks subject to statutory restriction |
12.—(1) The Registrar may refuse to accept any application for the registration of a trade mark on which appears —| (a) | the words or abbreviations or foreign equivalent of the words “Patent” ,“Patented”, “Registered”, “Registered Design”, “Registered Trade Mark”, “Copyright”, “To counterfeit this is a forgery”, or words to the like effect; | | (b) | representations of the President or any colourable imitations thereof; or | | (c) | the words “Red Cross” or “Geneva Cross” and representations of the Geneva and other crosses in red, or of the Swiss Federal cross in white on a red ground or silver on a red ground, or such representations in a similar colour or colours. |
| (2) Where there appears on a trade mark the registration of which is applied for a representation of a cross in any colour, not being one of those mentioned in paragraph (1)(c), the Registrar may require the applicant as a condition of acceptance to undertake not to use the cross device in red, or in white on a red ground or silver on a red ground, or in any similar colour or colours. |
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| Singapore’s Crest, Presidential Coat of Arms, Royal Arms, etc. |
13. The following features may not appear on trade marks the registration of which is applied for:| (a) | representations of the Republic of Singapore’s Crest, Presidential Coat of Arms, Royal or Imperial Arms, crests, armorial bearings or insignia, or devices so nearly resembling any of the foregoing as to be likely to be mistaken for them; | | (b) | representations of the Royal or Imperial crowns, or of the Republic of Singapore’s flag, or of the Royal, Imperial or National flags; | | (c) | any words such as “Royal”, “Imperial”, “Presidential”, or “Singapore Government” or any letters or devices if used in such a manner as to be likely to lead persons to think that the applicant either has or recently has had Royal, Imperial, Presidential or Singapore Government’s patronage or authorisation, whether or not such be the case; | | (d) | the word “ANZAC”. |
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| 14. Where a representation of the name, initials, armorial bearings, insignia, orders of chivalry, decorations, flags or devices of any state, settlement, city, borough, town, place, society, body corporate, government body, statutory board, institution or person appears on a trade mark, the Registrar, before proceeding to register the mark, may require to be furnished with a consent to the registration and use of such emblems from such official or other person as appears to the Registrar to be entitled to give consent, and in default of such consent he may refuse to register the mark. |
| Persons living or recently dead |
| 15. Where the name or representation of any person appears on a trade mark, the Registrar shall, if he so requires, before proceeding to register the mark, be furnished with his consent or, in the case of a person recently dead, from his legal representatives, and in default of such a consent he may refuse to register the mark. |
| Goods or services described on a trade mark |
16.—(1) Where the name or description of any goods or services appears on a trade mark, the Registrar may refuse to register the mark in respect of any goods or services other than the goods or services so named or described.| (2) Where the name or description of any goods or services appears on a trade mark, which name or description in use varies, the Registrar may permit the registration of the mark for those and other goods or services, and in that case the applicant shall state in his application that the name or description will be varied when the mark is used upon goods or services covered by the specification other than the named or described goods or services. |
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17.—(1) Any person who proposes to apply for the registration of a trade mark in Part A or B of the register in respect of any goods or services may apply to the Registrar on Form T.M. 3 in a case where he is making an application for advice as to whether the trade mark, of which duplicate representations shall accompany that Form, appears to the Registrar prima facie to be inherently adapted to distinguish within the meaning of section 10 of the Act or inherently capable of distinguishing within the meaning of section 11 of the Act, as the case may be, in relation to those goods or services and shall apply separately in relation to goods or services comprised within different classes of goods or services set out in the Third Schedule.| (2) A notice of withdrawal of an application for the registration of a trade mark given under section 65(3) of the Act for the purpose of obtaining repayment of any fee paid on the filing of the application shall be given in writing within one month from the date of the notice of the Registrar’s objection. |
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