Trade Marks (Border Enforcement Measures) Rules

Trade Marks Act

(CHAPTER 332, Section 108)

R 2

G.N. No. S 5/1999

REVISED EDITION 2001

(31st January 2001)

[15th January 1999]

Citation

1. These Rules may be cited as the Trade Marks (Border Enforcement Measures) Rules.

Definitions

2. For the purposes of these Rules, “authorised officer” and “Director-General” have the same meanings as in section 81 of the Act.

Notice under section 82(1) of Act

3.—(1) A notice to the Director-General under section 82(1) of the Act shall be in the form set out in the Schedule.

(2) The notice shall be accompanied by —

(a)	a statutory declaration that the particulars in the notice are true;
(b)	a fee of $200;
(c)	a copy of the certificate of registration issued by the Registrar under section 15(5) of the Act in relation to the registered trade mark specified in the notice;
(d)	evidence that the registration of the registered trade mark was duly renewed at all times; and
(e)	where the notice is given by a person as agent for the proprietor or licensee of the registered trade mark (whichever is appropriate), evidence of the authority of the person giving the notice.

(3) The proprietor or licensee of the registered trade mark may appoint another person to act as his agent for the purpose of giving the notice.

Time and manner of giving notice

4. A notice to the Director-General under section 82(1) of the Act shall be delivered to the Customs and Excise Department —

(a)	during such time as the office of the Customs and Excise Department is open for business; and
(b)	at such time as is reasonably possible for an authorised officer to take any action under the Act in relation to the notice.

Further information and evidence

5. A person who has given a notice under section 82(1) of the Act to the Director-General shall, as and when required by the Director-General, give to the Director-General such information and evidence within such time and in such form as the Director-General may reasonably require.

Change in particulars

6. A person who has given a notice to the Director-General shall notify the Director-General in writing of any change in the particulars specified in the notice or affecting the notice within 7 days of the change and further notice shall be given as the Director-General may require.

Refusal to seize

7. An authorised officer may refuse to seize goods to which a notice under section 82(1) of the Act relates if the person who has given the notice fails to comply with —

(a)	any requirement by the Director-General under these Rules; or
(b)	any provision of these Rules.

Period for instituting action for registered trade mark

8. For the purposes of section 85(3) of the Act, the prescribed period is 10 working days.

Period for extension of retention period

9. For the purposes of subsection (6) of section 85 of the Act, the prescribed period is 10 working days after the end of the initial period mentioned in that subsection.

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