Trade Marks (Amendment) Rules 2003 - Singapore Statutes Online

No. S 474

Trade Marks Act

(Chapter 332)

Trade Marks (Amendment) Rules 2003

In exercise of the powers conferred by section 108 of the Trade Marks Act, the Minister for Law, after consulting with the Intellectual Property Office of Singapore, hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Trade Marks (Amendment) Rules 2003 and shall come into operation on 15th October 2003.

Amendment of rule 9

2. Rule 9 of the Trade Marks Rules (R 1) (referred to in these Rules as the principal Rules) is amended —

(a)

by deleting the words “or TM 19” in paragraph (4)(a) and substituting the words “, TM 19 or TM 22”; and

(b)

by inserting, immediately after paragraph (7), the following paragraph:

“(7A) Where Form TM 1 is required to be filed under these Rules, one Form TM 1 shall be filed in respect of each application for the registration of a trade mark or each registered trade mark, as the case may be, unless otherwise provided for in these Rules.”.

Amendment of rule 10

3. Rule 10 of the principal Rules is amended —

(a)

by inserting, immediately after the words “shall file with the Registrar” in paragraph (3), the words “his name together with”; and

(b)

by deleting paragraph (4) and substituting the following paragraphs:

“(4) Rule 9(2) to (5), (7) and (7A) shall, with the necessary modifications, apply in relation to the filing by an agent of his name and address for service under paragraph (3).

(4A) Notwithstanding rule 9 (7A), where there is a change in the name or address for service of an agent or both and the agent remains the same legal entity after such change, the agent may file one Form TM 1 in respect of such change in name or address for service or both for all the matters under the Act for which the agent has been appointed.”; and

(c)

by inserting, immediately after the words “that paragraph” in paragraph (5), the words “or, in the case of a change in the name or address for service of the agent or both, until he has filed Form TM 1 in respect of such change”.

Deletion and substitution of rule 11

4. Rule 11 of the principal Rules is deleted and the following rule substituted therefor:

“Representation of President

11. The Registrar shall refuse to register a trade mark which consists of or contains any representation of the President or any colourable imitation thereof.”.

Amendment of rule 16

5. Rule 16 (4) of the principal Rules is amended by inserting, immediately after the words “the registration of”, the words “a trade mark that is in colour,”.

Amendment of rule 18

6. Rule 18 of the principal Rules is amended —

(a)	by inserting, immediately after the words “at the time of filing the application form” in paragraph (1), the words “and shall be supported by filing with the Registrar a declaration in Form TM 5”;
(b)	by deleting the words “The applicant shall file with the Registrar a declaration in Form TM 5 that” in paragraph (2) and substituting the words “The declaration in Form TM 5 shall state that”; and
(c)	by deleting the words “paragraph (1)” in paragraph (4) and substituting the words “paragraph (3)”.

Amendment of rule 20

7. Rule 20 (1) of the principal Rules is amended by deleting the words “of each word in English” in sub-paragraph (a) and substituting the words “in English, of each word and of the words taken together as a whole”.

Amendment of rule 22

8. Rule 22 (3A) of the principal Rules is amended by inserting, immediately after the words “the registration of”, the words “a trade mark that is in colour,”.

Amendment of rule 29

9. Rule 29 (8) of the principal Rules is amended by inserting, immediately after the words “his consent to the extension”, the words “within 2 weeks from the date of the notice”.

Amendment of rule 31

10. Rule 31 (9) of the principal Rules is amended by inserting, immediately after the words “his consent to the extension”, the words “within 2 weeks from the date of the notice”.

Amendment of rule 53

11. Rule 53 of the principal Rules is amended by deleting paragraph (2) and substituting the following paragraphs:

“(2) The application for restoration filed on Form TM 21 shall contain a statement of the reasons for the failure to renew the registration.

(2A) Where Form TM 19 has not been filed previously, it shall be filed together with Form TM 21.”.

Amendment of rule 55

12. Rule 55 of the principal Rules is amended —

(a)

by deleting the words “, on Form TM 46” in paragraph (1)(f) and substituting the words “transferring any right in or under a trade mark, on Form TM 20”; and

(b)

by deleting paragraphs (2) and (3) and substituting the following paragraphs:

“(2) Where an application under paragraph (1) is filed other than by means of the electronic online system, the application shall be —

(a)	signed by or on behalf of all the parties to the assignment or transaction, in the case of an assignment or transaction referred to in paragraph (1)(a);
(b)	signed by or on behalf of both the personal representative and the beneficiary, in the case of the making by a personal representative of an assent referred to in paragraph (1)(f);
(c)	accompanied by any documentary evidence which in the Registrar’s view is sufficient to establish the transaction, in the case of an order of the Court or other competent authority referred to in paragraph (1)(f); and
(d)	signed by or on behalf of the grantor of the licence or security interest, in any other case.

(3) Where an application under paragraph (1) is filed by means of the electronic online system, the application shall be authorised by all relevant parties and be validated by such means as the Registrar considers fit.

(3A) Where an application under paragraph (1) is not signed in accordance with paragraph (2)(a), (b) or (d) or authorised and validated in accordance with paragraph (3), the application shall be accompanied by —

(a)	a certified copy of any documentary evidence which in the Registrar’s view is sufficient to establish the transaction; or
(b)	a statutory declaration as set out in Form TM 23, setting out the facts on which the application is based and which in the Registrar’s view is sufficient to establish the transaction.

(3B) Where an application under paragraph (1) is filed by means of the electronic online system, the documentary evidence referred to in paragraph (3A)(a) or the statutory declaration referred to in paragraph (3A)(b) shall be filed within such time as the Registrar may specify.

(3C) The Registrar shall refuse to accept an application under paragraph (1) if paragraph (2), (3), (3A) or (3B) is not complied with and in such event, the Registrar may require a fresh application to be made.”.

Amendment of rule 56

13. Rule 56 (2) of the principal Rules is amended by deleting the words “, by way of statutory declaration or otherwise,”.

Amendment of rule 77

14. Rule 77 (5) of the principal Rules is amended by inserting, immediately after the words “consent to the extension”, the words “within 2 weeks from the date of the notice”.

Amendment of rule 78A

15. Rule 78A of the principal Rules is amended by deleting paragraph (2) and substituting the following paragraph:

“(2) The electronic online system may be used for carrying out any of the transactions referred to in rules 9 (5) and (7), 10 (3), 15 (1), 22 (1) and (2), 24 (2A), 44 (1), 49, 50A (3), 53 (3A), 55 (1)(a) and (5A) and 62 (4).”.

Amendment of First Schedule

16. The First Schedule to the principal Rules is amended —

(a)

by deleting item 3 and substituting the following items:

“

3. Application to amend an application for registration of a trade mark (other than to amend name or other particulars of the applicant), filed other than by means of the electronic online system

22 (1)

$40

3A. Application to amend an application for registration of a trade mark (other than to amend name or other particulars of the applicant), filed by means of the electronic online system

22 (1)

$40

”;

(b)

by deleting item 17 and substituting the following items:

“

17. Application to register a change of ownership filed other than by means of the electronic online system

55 (1) (a)

$80 in respect of each trade mark

17A. Application to register a change of ownership filed by means of the electronic online system

55 (1) (a)

$80 in respect of each trade mark

”.

; and

(c)

by deleting items 21 and 22 and substituting the following items:

“

21. Application to register the grant, amendment or termination of any security interest

55 (1) (e)

$50 in respect of each trade mark

21A. Application to register the making of an assent, or an order of the Court or other competent authority

55 (1) (f)

$50 in respect of each trade mark

22. Filing of statutory declaration

—

”.

Amendment of Second Schedule

17. The Second Schedule to the principal Rules is amended —

(a)

by deleting “20,” in the Note;

(b)

by deleting Form TM 1 and substituting the following Form:

(c)

by deleting Form TM 4 and substituting the following Form:

(d)

by deleting Form TM 9 and substituting the following Form:

(e)

by deleting Forms TM 11, TM 12, TM 13, TM 14, TM 15 and TM 16 and substituting the following Forms:

(f)

by inserting, immediately after Form TM 19, the following Form:

(g)

by deleting Forms TM 21, TM 22 and TM 23 and substituting the following Forms:

(h)

by deleting Form TM 46 and substituting the following Form:

; and

(i)

by deleting Form TM 48 and substituting the following Form:

Amendment of Third Schedule

18. Part I of the Third Schedule to the principal Rules is amended —

(a)

by deleting classes 4 and 5 and substituting the following classes:

“

Class 4

Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.

Class 5

Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

”;

(b)

by deleting class 7 and substituting the following class:

“

Class 7

Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.

”;

(c)

by deleting class 9 and substituting the following class:

“

Class 9

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

”;

(d)

by deleting class 16 and substituting the following class:

“

Class 16

Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks.; and

”.

(e)

by deleting class 29 and substituting the following class:

“

Class 29

Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; compotes; eggs, milk and milk products; edible oils and fats.

”.

[G.N. Nos. S 491/2000; S 661/2001]

Made this 24th day of September 2003.

LIEW HENG SAN

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 18/001/003 V5; AG/LEG/SL/332/2002/1 Vol. 1]

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