PART I | 1. These Rules may be cited as the Trade Marks Rules. |
2.—(1) In these Rules, unless the context otherwise requires —| [Deleted by S 743/2014 wef 13/11/2014] |
| [Deleted by S 743/2014 wef 13/11/2014] |
| “electronic online system” means the electronic online system established under rule 78A; |
| “folio” means 100 words, each figure being counted as one word; |
| “Nice Agreement” means the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised at Stockholm on 14 July 1967 and at Geneva on 13 May 1977, and as amended on 28 September 1979, and any later revision of or amendment to that Agreement which has come into force and has been accepted by the Government; [S 739/2015 wef 01/01/2016] |
| “Nice Classification” means the system of classification of goods and services under the Nice Agreement, and includes any amendment or change to the Classification that has entered into force; [S 739/2015 wef 01/01/2016] |
| [Deleted by S 743/2014 wef 13/11/2014] |
“specification” means the specification of goods or services in respect of which —| (a) | a trade mark; or | | (b) | a transaction in relation to a registered trade mark or an application for the registration of a trade mark, |
| is registered or proposed to be registered; |
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| “Trade Marks Journal” means the journal by that name published under rule 86A. |
| (2) Unless the context otherwise requires, the word “month”, wherever it occurs in any decision, direction or other document issued by the Registrar, means calendar month. |
| (3) Any period of time fixed by these Rules or by any decision, direction or other document for the doing of any act shall be reckoned in accordance with paragraphs (4), (5) and (6). |
| (4) Where the act is required to be done within a specified period from or after a specified date, the specified period begins immediately after that date. |
| (5) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date. |
| (6) Where the act is required to be done within a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date. |
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3.—(1) The fees specified in the First Schedule shall be payable to the Registrar in respect of the matters specified in that Schedule.(2) Unless otherwise provided for in these Rules, or the Registrar permits or directs otherwise —| (a) | where a fee is specified in the First Schedule in respect of any matter, the fee shall be paid at the same time as the filing of the form corresponding to the matter; and | | (b) | if the fee is not paid, the form shall not be treated as filed. [S 743/2014 wef 13/11/2014] |
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| (3) Subject to paragraph (4), a fee must be paid using the mode of payment permitted or directed by the Registrar. [S 433/2020 wef 05/06/2020] |
| (4) Where the electronic online system is used to carry out an act referred to in rule 78A(2), the fee payable in connection with that act must, unless otherwise permitted or directed by the Registrar, be paid using the mode of payment designated by the electronic online system. [S 433/2020 wef 05/06/2020] |
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3A.—(1) The Registrar may refuse to accept or process any document filed at the Registry that fails to comply with the Act or these Rules.(2) Every document filed at the Registry shall —| (a) | be in English; or | | (b) | where the document is not in English, be accompanied by an English translation of the document. |
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| (3) Every document filed at the Registry must be filed in accordance with the requirements relating to its size, durability, legibility or format specified in any practice direction issued by the Registrar. [S 433/2020 wef 05/06/2020] |
| (4) Where the Registrar refuses to accept any document that does not comply with paragraph (2) or (3), the Registrar shall give the applicant a notice stating the manner in which the document does not comply with paragraph (2) or (3), as the case may be. |
(5) Where any document filed at the Registry is a copy, the Registrar may —| (a) | decide whether to accept or process the document; and | | (b) | require the original to be filed with the Registry. |
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| (6) The Registrar may require the filing of a hard copy of any document filed using the electronic online system. |
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| 4.—(1) The Registrar shall publish on the Office’s Internet website at http://www.ipos.gov.sg the forms to be used for any purpose relating to the registration of a trade mark or any other proceedings before the Registrar under the Act. [S 743/2014 wef 13/11/2014] | (2) The Registrar may modify any form in any particular case or class of cases. [S 433/2020 wef 05/06/2020] |
(3) The Registrar may accept, in lieu of any form, any other document which is filed with the Registry for any purpose for which the form was published, if the document —| (a) | complies with rule 3A(2) and every direction of the Registrar relating to the use of the form; and | | (b) | is in a format that is acceptable to the Registrar. |
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| (4) Any reference in these Rules to a numbered form shall be construed as a reference to the current version of the form which bears the corresponding number and is described in the Second Schedule. [S 743/2014 wef 13/11/2014] |
| (5) The matters referred to in the Act, including sections 5(1), 5A(2), 13(3) and 67(5) of the Act, shall be filed with, made to or given to, the Registrar, or done in an effective and efficient manner by means which may be specified by the Registrar by the issuance of practice directions. [S 743/2014 wef 13/11/2014] |
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| 4A. All practice directions issued by the Registrar under the Act or these Rules shall be published by the Registrar on the Office’s Internet website at http://www.ipos.gov.sg. [S 743/2014 wef 13/11/2014] |
| 5. [Deleted by S 433/2020 wef 05/06/2020] |
6.—(1) A document to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by —| (a) | all the partners; | | (b) | any partner stating that he signs on behalf of the partnership; or | | (c) | any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the partnership. |
| (2) A document to be signed for or on behalf of a body corporate shall be signed by a director, the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the body corporate. |
| (3) A document to be signed by or on behalf of an unincorporated body or association of persons may be signed by any person who appears to the Registrar to be qualified to so sign. |
| (4) For the purposes of this rule, “document” means a document to be given or sent to, filed with or served on the Registrar in respect of any matter under the Act or these Rules. |
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| 7.—(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 the Registry, the giving, sending, filing or service must be effected on the Registrar or the Registry (as the case may be) by sending an electronic communication of the document using the electronic online system. [S 433/2020 wef 05/06/2020] (2) Where the Act or these Rules authorise or require a party to give or send a document to, or serve a document on, another party (other than the Registrar or Registry), the giving, sending or service may be effected —| (a) | by post; | | (b) | by hand; | | (c) | by courier; [S 403/2022 wef 26/05/2022] | | (ca) | by sending an electronic communication using the electronic online system; or [S 403/2022 wef 26/05/2022] | | (d) | subject to paragraph (3B), by sending an electronic communication of the document by any other electronic means. [S 433/2020 wef 05/06/2020] [S 403/2022 wef 26/05/2022] |
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(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 an electronic communication of the notice or other document using the electronic online system or, subject to paragraph (3B), any other electronic means; [S 433/2020 wef 05/06/2020] | | (c) | by hand; or [S 433/2020 wef 05/06/2020] | | (d) | by courier. [S 433/2020 wef 05/06/2020] |
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| (3A) Subject to paragraph (3B), the Registrar may, in a particular case, permit the giving, sending, filing or serving of a document in a manner other than provided by paragraph (1) or (2). [S 433/2020 wef 05/06/2020] |
(3B) However, the use of electronic means under paragraph (2)(d), (3)(b) or (3A), other than the use of the electronic online system, must be with the consent (express or implied) of —| (a) | the party; or | | (b) | the Registrar or the Registry, |
| to whom the notice or other document is being given or sent, filed with or served by those means. |
[S 433/2020 wef 05/06/2020] |
| (4) Where any notice or other document is sent by post under paragraph (2) or (3), the giving, sending or service, as the case may be, of the notice or other document shall, until the contrary is proved, be treated as having been effected at the time at which the notice or document would have been delivered in the ordinary course of post. |
| (5) For the purposes of paragraphs (2) and (3), a notice or other document is sent to a party by post if the notice or other document is sent by pre-paid post to the party at his address for service referred to in rule 9 or 10. |
| (6) [Deleted by S 433/2020 wef 05/06/2020] |
| (6A) Notwithstanding the availability of an address for service filed in accordance with rule 9, where any notice or other document is given, sent, filed or served by sending an electronic communication in the manner permitted by paragraph (2)(ca) or (d), (3)(b) or (3A), it shall be taken to have been duly given, sent to or served on the person. [S 598/2008 wef 01/12/2008] [S 433/2020 wef 05/06/2020] [S 403/2022 wef 26/05/2022] |
| (7) 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 any practice directions issued by the Registrar under rule 78A(3). [S 403/2022 wef 26/05/2022] |
(7A) A notice or other document sent, filed or served by means of an electronic communication (other than the electronic online system) is treated as sent, filed or served —| (a) | if the time and the day the electronic communication becomes capable of being retrieved by the person to whom the notice or other document is sent, filed or served does not fall on an excluded day for the business of sending, filing or serving the notice or document — at that time and on that day; or | | (b) | if that time falls on such excluded day — on the next following day that is not such excluded day. [S 403/2022 wef 26/05/2022] |
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(7B) A notice or other document that is —| (a) | transmitted to the Registrar or a party by means of the electronic online system; and | | (b) | received, by the server of that system set up to receive such transmissions, at any time before midnight on any day, |
| is treated as sent to, filed with or served on, and received by, the Registrar or the party — |
| (c) | if that day is not an excluded day for the business of sending to, filing with or serving on the Registrar or the party the notice or document by means of that system — at that time and on that day; or | | (d) | if that day is such excluded day — on the next following day that is not such excluded day. [S 403/2022 wef 26/05/2022] |
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| (7C) For the purposes of paragraph (7B), the notice or other document is treated as sent to, filed with or served on, and received by, the Registrar or the party if and only if the last byte of the transmission containing the notice or other document is received by the server mentioned in that paragraph. [S 403/2022 wef 26/05/2022] |
(7D) Any person who sends, files or serves a notice or other document by means of the electronic online system may produce a record of transmission issued through that system as evidence of —| (a) | the sending, filing or service of that notice or document; and | | (b) | the date and time when the sending, filing or service took place. [S 403/2022 wef 26/05/2022] |
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| (6B) [Deleted by S 743/2014 wef 13/11/2014] |
| (8) This rule shall not apply to notices and documents to be served in proceedings in court. [S 598/2008 wef 01/12/2008] |
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| 8.—(1) Where any person is by the Act or these Rules required to furnish the Registrar with an address, the address furnished shall be as full as possible for the purpose of enabling any person to find easily the place indicated by the address. [S 692/2021 wef 01/10/2021] | (2) The Registrar may require the address to include the name of the street, the number of the block of building, the number of the premises or name of premises, if any, and the postal code. |
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9.—(1) For the purposes of any proceedings before the Registrar, an address for service in Singapore shall be filed in accordance with paragraph (2) or (5) by or on behalf of —| (a) | every applicant for the registration of a trade mark; | | (b) | every person opposing any of the following:| (i) | an amendment of an application for registration of a trade mark which has been published, where the amendment affects the goods or services covered by the application for registration; | | (ii) | an application for registration of a trade mark, collective mark or certification mark; | | (iii) | a removal of any matter from the register; | | (iv) | an alteration of a registered trade mark; | | (v) | an application to amend the regulations governing the use of a registered collective mark or certification mark; |
| | (c) | every person applying to the Registrar under section 22 of the Act for the revocation of the registration of a trade mark, under section 23 of the Act for a declaration of invalidity of the registration of a trade mark, or under section 67 of the Act for the rectification of the register; | | (d) | every person granted permission to intervene under rule 60; [S 263/2022 wef 01/04/2022] | | (e) | every proprietor of a registered trade mark which is the subject of an application to the Registrar for the revocation of the registration of the trade mark, for a declaration of invalidity of the registration, or for a rectification of the register; | | (f) | every applicant for the renewal of the registration of a trade mark or for the restoration of a trade mark to the register; | | (g) | every applicant for the registration of —| (i) | a grant of a licence; | | (ii) | the amendment of a licence; or | | (iii) | the termination of a licence; |
| | (h) | every applicant for the registration of —| (i) | a grant of any security interest; | | (ii) | the amendment of any security interest; or | | (iii) | the termination of any security interest; |
| | (i) | every applicant for the registration of a change in ownership of a registered trade mark; | | (j) | every person recorded as having an interest in a trade mark pursuant to —| (i) | the making of an assent by personal representatives; or | | (ii) | an order of the Court or any other competent authority; and |
| | (k) | every other party to any proceedings before the Registrar. |
| (2) Where the application for a matter requires an address for service in Singapore to be furnished, the address for service in Singapore shall be furnished on the form filed for the matter. |
| (3) The filing of an address for service in accordance with paragraph (2) shall be effective only for the matter for which the form is filed. |
(4) Notwithstanding paragraph (3) —| (a) | subject to sub‑paragraph (e), where an applicant for the registration of a trade mark furnishes an address for service in Form TM 4, the address for service shall be effective for the purposes of all proceedings in respect of the trade mark in relation to which that form is filed; | | (b) | subject to sub‑paragraph (f), the address for service of a proprietor of a registered trade mark shall be effective for the purposes of all proceedings in respect of the registered trade mark, except for any application for the second or any subsequent renewal of the registered trade mark; | | (c) | where a person who opposes any of the following furnishes an address for service in Form TM 11, the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed and any related proceedings under Part X:| (i) | an amendment of an application for registration of a trade mark which has been published, where the amendment affects the goods or services covered by the application for registration; | | (ii) | an application for registration of a trade mark, collective mark or certification mark; | | (iii) | a removal of any matter from the register; | | (iv) | an alteration of a registered trade mark; | | (v) | an application to amend the regulations governing the use of a registered collective mark or certification mark; |
| | (d) | where an applicant who makes any of the following applications to the Registrar furnishes an address for service in Form TM 28, the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed and any related proceedings under Part X:| (i) | an application under section 22 of the Act for the revocation of the registration of a trade mark; | | (ii) | an application under section 23 of the Act for a declaration of invalidity of the registration of a trade mark; | | (iii) | an application under section 67 of the Act for the rectification of the register; |
| | (e) | where an applicant who replies to an opposition to any of the following furnishes an address for service in Form HC6, the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed and any related proceedings under Part X:| (i) | an amendment of an application for registration of a trade mark which has been published, where the amendment affects the goods or services covered by the application for registration; | | (ii) | an application for registration of a trade mark, collective mark or certification mark; | | (iii) | an alteration of a registered trade mark; | | (iv) | an application to amend the regulations governing the use of a registered collective mark or certification mark; |
| | (f) | where a registered proprietor who files a counter‑statement under rule 58 furnishes an address for service in Form HC6, the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed and any related proceedings under Part X; | | (g) | where an applicant for the renewal of the registration of a trade mark, or the restoration of a trade mark to the register, furnishes an address for service in Form TM 19, the address for service shall be effective for the purposes of all renewal applications or proceedings, and all restoration applications or proceedings, in respect of the trade mark in relation to which that form is filed; | | (h) | where an applicant for the registration of a grant of a licence, the amendment of a licence or the termination of a licence furnishes an address for service in Form CM6 in relation to that licence, the address for service shall be effective for the purposes of all proceedings in respect of that licence; | | (i) | where an applicant for the registration of a grant of any security interest, the amendment of any security interest or the termination of any security interest furnishes an address for service in Form CM7 in relation to that security interest, the address for service shall be effective for the purposes of all proceedings in respect of that security interest; | | (j) | where an applicant for the registration of a change in the ownership of a registered trade mark furnishes an address for service in Form CM8, the address for service may, at the option of the applicant, be effective —| (i) | for the purposes of all proceedings in respect of the trade mark, including the application for the registration of the trade mark; or | | (ii) | only for the purposes of the registration of the change in the ownership of the registered trade mark, in which case the applicant must furnish another address for service for all other proceedings in respect of the trade mark, including the application for the registration of the trade mark, on the same Form CM8; [S 403/2022 wef 26/05/2022] |
| | (k) | where a person referred to in paragraph (1)(d) furnishes an address for service in Form CM1, the address for service shall be effective for the purposes of the application under rule 60 (for permission to intervene) in relation to which that form is filed and any related proceedings under Part X; [S 263/2022 wef 01/04/2022] | | (l) | where a party referred to in paragraph (1)(k) furnishes an address for service in Form CM1, the address for service shall be effective for the purposes of any proceedings before the Registrar in relation to which that form is filed and any related proceedings under Part X; | | (m) | where a person, recorded as having an interest in a trade mark pursuant to the making of an assent by personal representatives, or pursuant to an order of the Court or any other competent authority, furnishes an address for service in writing in relation to the assent or order, the address for service shall be effective for the purposes of such of the following as may be applicable in respect of the assent or order:| (i) | the registration of —| (A) | a grant of a licence; | | (B) | the amendment of a licence; or | | (C) | the termination of a licence; |
| | (ii) | the registration of —| (A) | a grant of any security interest; | | (B) | the amendment of any security interest; or | | (C) | the termination of any security interest; |
| | (iii) | the registration of a change in the ownership of a registered trade mark; and [S 149/2017 wef 01/04/2017] [S 403/2022 wef 26/05/2022] |
| | (n) | subject to sub‑paragraph (f), the address for service of an applicant for the registration of a trade mark shall, upon the registration of the trade mark, be the address for service of that party as the proprietor of the trade mark, unless —| (i) | the Registrar is notified of a change in the address for service in accordance with paragraph (7) or rule 44; or | | (ii) | the Registrar is notified of an assignment or transaction referred to in rule 55(1)(a), in accordance with rule 55. [S 403/2022 wef 26/05/2022] |
| | (o) | [Deleted by S 403/2022 wef 26/05/2022] |
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| (5) In a case where paragraphs (2) and (4) do not apply, the address for service shall be furnished in writing. [S 149/2017 wef 01/04/2017] |
| (6) Where an address for service is not filed by or on behalf of a person as required by paragraph (1), and no address for service is effective for the purposes of any of the proceedings mentioned in paragraph (4), the Registrar may, subject to paragraph (6A), treat the person’s trade or business address in Singapore as that person’s address for service for the purposes of those proceedings. [S 403/2022 wef 26/05/2022] |
| (6A) Where the trade or business address of the person is not known to the Registrar, the Registrar may send to the person, at an alternative address of the person, a notice to furnish an address for service for the purposes of those proceedings, within 2 months after the date of the notice. [S 403/2022 wef 26/05/2022] |
(6B) Where the Registrar does not have any alternative address of the person to send the notice under paragraph (6A) or where the Registrar has sent a notice under that paragraph but no address for service is provided within 2 months after the date of the notice —| (a) | in the case of an applicant or a person mentioned in paragraph (1)(a), (c), (f), (g), (h) or (i) — the application made by the applicant or person is treated as withdrawn; | | (b) | in the case of a person mentioned in paragraph (1)(b) or (d) — the person is treated as having withdrawn the person’s opposition or intervention, as the case may be; | | (c) | in the case of the proprietor mentioned in paragraph (1)(e) — the proprietor is not permitted to take part in any proceedings relating to the application for the revocation of the registration of the trade mark, the declaration of invalidity of the registration, or the rectification of the register, as the case may be; | | (d) | in the case of a person mentioned in paragraph (1)(j) — the application made by the person to register the making of the assent, or the order of the Court or any other competent authority, is treated as withdrawn; and | | (e) | in the case of a party mentioned in paragraph (1)(k) — the party is not permitted to take part in the proceedings in question. [S 403/2022 wef 26/05/2022] |
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| (7) Where a person referred to in paragraph (1) has changed his address for service in Singapore, he shall notify the Registrar of such change in Form CM2. |
| (8) Anything sent to or served on a person at his address for service shall be taken to have been duly sent to or served on the person. [S 743/2014 wef 13/11/2014] |
(9) In paragraphs (6A) and (6B), “alternative address” means —| (a) | any address (not being an email address) that was previously provided by the person to the Registrar in relation to a matter under these Rules concerning the person that is the same as the matter at hand; or | | (b) | any email address that was previously provided by the person to the Registrar in relation to a matter under these Rules that is the same as the matter at hand, where the person had given prior consent for that email address to be used for correspondence with the person for such matter. [S 403/2022 wef 26/05/2022] |
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10.—(1) The Registrar, in dealing with any matter under the Act or these Rules in respect of which a person has been authorised to act as an agent on behalf of another, may require the personal signature or presence of either the agent or his principal.| (2) The Registrar may, by notice in writing sent to an agent, require the agent to produce evidence of his authority. |
| (3) Where an agent has been appointed by a person for any application or proceedings, the agent’s address for service in Singapore shall be treated as the address for service of that person. [S 743/2014 wef 13/11/2014] |
| (4) The appointment of an agent for a matter shall be notified to the Registrar in the form for that matter. [S 743/2014 wef 13/11/2014] |
| (4A) [Deleted by S 743/2014 wef 13/11/2014] |
(5) The following shall be notified to the Registrar in Form CM1:| (a) | any appointment of an agent for a matter for which no form is prescribed; | | (b) | any change of an agent for a matter. [S 743/2014 wef 13/11/2014] |
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(6) Where an agent for a party to any matter intends to cease to so act, the agent —| (a) | must file with the Registrar in Form CM1 —| (i) | a notice of the intention; | | (ii) | the party’s latest address, including any email address, on the agent’s records; and | | (iii) | a statement that the agent has given reasonable notice to the party of the intention, and informed the party of the consequences set out in rule 9(6B) as applied by paragraph (9); and |
| | (b) | must serve Form CM1 on the party at the same time the form is filed with the Registrar. [S 403/2022 wef 26/05/2022] |
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| (7) On receipt of the form mentioned in paragraph (6)(a), the Registrar must send to the party a notice requesting the party to provide an address for service within 3 months after the date of the notice. [S 403/2022 wef 26/05/2022] |
| (8) The notice in paragraph (7) must be sent to the address of the party filed under paragraph (6)(a)(ii) or any alternative address of the party. [S 403/2022 wef 26/05/2022] |
(9) Rule 9(6B)(a), (b), (c), (d) or (e) (whichever is applicable) applies, with the necessary modifications, if —| (a) | the Registrar does not have any alternative address of the party to which to send a notice under paragraph (7); or | | (b) | the Registrar sent a notice under paragraph (7) and no address for service was provided within 3 months after the date of the notice. [S 403/2022 wef 26/05/2022] |
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| (10) In paragraphs (8) and (9), “alternative address” has the meaning given by rule 9(9). [S 403/2022 wef 26/05/2022] |
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