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No. S 598

Trade Marks Act

(Chapter 332)

Trade Marks (Amendment) Rules 2008

In exercise of the powers conferred by section 108 of the Trade Marks Act, the Minister for Law hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Trade Marks (Amendment) Rules 2008 and shall come into operation on 1st December 2008.

Amendment of rule 7

2. Rule 7 of the Trade Marks Rules (R 1, 2008 Ed.) (referred to in these Rules as the principal Rules) is amended —

(a)

by deleting paragraph (1) and substituting the following paragraph:

“(1) Where the Act or these Rules authorise or require any document to be given or sent to, filed with or served on the Registrar or Registry, the giving, sending, filing or service may be effected on the Registrar or Registry —

(a)	by sending the document by post;
(b)	where there is no fee payable to the Registrar or Registry for the giving, sending, filing or service of the document, by sending the document by facsimile transmission; or
(c)	by electronic communication, by sending an electronic communication of the document using the electronic online system.”;

(b)

by deleting paragraph (3) and substituting the following paragraph:

“(3) Where the Act or these Rules authorise or require any notice or other document to be given or sent to or served on any party by the Registrar or Registry, the Registrar or Registry may effect the giving, sending or service on the party —

(a)	by sending the notice or other document by post;
(b)	by sending the notice or other document by facsimile transmission; or
(c)	by electronic communication, by sending an electronic communication of the notice or other document using the electronic online system.”;

(c)

by inserting, immediately after paragraph (6), the following paragraphs:

“(6A) Notwithstanding the availability of an address for service filed in accordance with rule 9, where any notice or other document to be given, sent or served by the Registrar or Registry is sent to a person by electronic communication using the electronic online system under paragraph (3)( c), it shall be taken to have been duly given, sent to or served on the person.

(6B) Service of any notice or other document under the Act or these Rules on a person by electronic communication using the electronic online system may be effected only if the person is registered as an account holder in accordance with rule 78B.”; and

(d)

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

“(8) This rule shall not apply to notices and documents to be served in proceedings in court.”.

Amendment of rule 78A

3. 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 —

(a)

for carrying out any of the transactions referred to in rules 9(5) and (7), 10(3), 15(1), 22(1), 24(2A), 44(1), 49, 50A(3), 53(3A) and 55(1)(a) and (5A);

(b)

by any person for giving, sending to, filing with or serving on the Registrar or Registry any document, other than —

(i)	a form that is not used for carrying out any of the transactions referred to in sub-paragraph (a); or
(ii)	a notice or document to be served in proceedings in court; and

(c)

by the Registrar or Registry for giving, sending to or serving on any person any notice or other document, other than a notice or document to be served in proceedings in court.”.

Amendment of rule 78B

4. Rule 78B of the principal Rules is amended by deleting paragraph (1) and substituting the following paragraph:

“(1) Any person who desires to make use of the electronic online system —

(a)	to carry out any transaction referred to in rule 78A(2)(a) and make payment through Interbank GIRO for that transaction; or
(b)	for giving, sending to, filing with or serving on the Registrar or Registry any document referred to in rule 78A(2)(b),

shall, in accordance with the procedures set out in practice directions issued by the Registrar, apply to the Registrar to be registered as an account holder.”.

Amendment of rule 78F

5. Rule 78F of the principal Rules is amended by deleting the rule heading and substituting the following rule heading:

“Duty of person using electronic online system”.

New rule 78H

6. The principal Rules are amended by inserting, immediately after rule 78G, the following rule:

“Documents to be signed, made on oath, etc.

78H.—(1) Where any document to be given, sent, filed or served using the electronic online system —

(a)	is to be signed or made on oath or by affirmation, it shall be signed, made on oath or affirmed in the usual way on the original paper document; or
(b)	is to be attested, it shall be attested in the usual way in which the original paper document is attested.

(2) The giving, sending, filing or service of such document using the electronic online system shall be effected by sending a true and complete electronic image of the original paper document.”.

Amendment of rule 79

7. Rule 79 of the principal Rules is amended by deleting paragraphs (3) and (4) and substituting the following paragraphs:

“(3) For the avoidance of doubt, where the time for —

(a)	carrying out any transaction referred to in rule 78A(2)(a);
(b)	giving, sending to, filing with or serving on the Registrar or Registry any document referred to in rule 78A(2)(b); or
(c)	giving, sending to or serving on any person by the Registrar or Registry any notice or other document referred to in rule 78A(2)(c),

expires on an excluded day, that time shall be extended to the next following day which is not an excluded day, notwithstanding the availability of the electronic online system.

(4) Where a document —

(a)	is transmitted to the Registry by means of the electronic online system; and
(b)	is received, by the server of that system set up to receive such transmissions, at any time before midnight on any day which is not an excluded day for the business of sending to or filing with the Registry any document by means of that system,

that document shall be treated as sent to or filed with, and received by, the Registry at that time and on that day.”.

Made this 18th day of November 2008.

CHAN LAI FUNG

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 18/001/003; AG/LEG/SL/332/2002/1 Vol. 5]