Trade Marks Rules - Singapore Statutes Online

Trade Marks Act

(Chapter 332, Section 108)

Trade Marks Rules

R 1

G.N. No. S 635/1998

REVISED EDITION 2000

(31st January 2000)

[31st January 2000]

PART I

PRELIMINARY

Citation

1. These Rules may be cited as the Trade Marks Rules.

Definitions

2.—(1) In these Rules, unless the context otherwise requires —

“folio” means 100 words, each figure being counted as one word;

“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;

“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.

Fees

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) In any case where a form specified in the First Schedule as the corresponding form in relation to any matter is required to be used, that form shall be accompanied by the fees specified in respect of that matter.

Forms

4.—(1) The forms mentioned in these Rules are those set out in the Second Schedule.

(2) Any form may be modified on the direction of the Registrar for use in a case other than the case for which it is intended.

Size of documents

5. Subject to any directions that may be given by the Registrar, all forms, notices and other documents required or authorised by the Act or these Rules to be given or sent to, filed with or served on the Registrar shall be given, sent, filed or served using A4 size paper.

Signature on documents

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.

Service of documents

7.—(1) Where the Act or these Rules authorise or require any document to be given or sent to, filed with or served on any party, the giving, sending, filing or service may be effected by sending the document by post and, if so sent, shall be deemed —

(a)	to be effected by properly addressing, prepaying and posting a letter containing the document; and
(b)	unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

(2) For the purposes of paragraph (1), a letter is taken to have been properly addressed if it is addressed to the party concerned at his address for service referred to in rule 9 or 10.

Furnishing of address

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 easily to find the place of business of the person whose address is given.

(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.

Address for service

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 registration of a trade mark;
(b)	every person opposing an application for registration of a trade mark;
(c)	every applicant applying to the Registrar under section 22 of the Act for the revocation of 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 leave to intervene under rule 60;
(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 mark, a declaration of invalidation of the registration, or the rectification of the register; and
(f)	every other party to any proceedings before the Registrar.

(2) Where a form is required to be filed under these Rules for any matter in relation to the proceedings, being a form which requires the furnishing of an address for service, the address for service shall be filed on that form.

(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)	where the address for service is filed on Form TM 4, TM 9or TM 19the filing of 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; and
(b)	where the address for service is filed on Form TM 11, TM 14, TM 28, TM 29 or TM 36, the filing of 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.

(5) In a case where paragraph (2) or (4) does not apply, the address for service shall be filed on Form TM 1.

(6) Where an address for service is not filed as required by paragraph (1), the Registrar may send to the person concerned notice to file an address for service within 2 months from the date of the notice and if that person fails to do so —

(a)	in the case of an applicant referred to in paragraph (1)(a) or (c), the application shall be treated as withdrawn;
(b)	in the case of a person referred to in paragraph (1)(b) or (d), he shall be deemed to have withdrawn from the proceedings in question; and
(c)	in the case of the proprietor referred to in paragraph (1)(e) or a party referred to in paragraph (1)(f), he shall not be permitted to take part in the proceedings in question.

(7) An application requesting the Registrar to alter an address for service shall be made on Form TM 1.

(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.

(9) Subject to any filing to the contrary under paragraph (1) or (7) or rule 44, the Registrar —

(a)	may treat the address for service of an applicant for registration of a trade mark as that of the proprietor upon registration of that trade mark; and
(b)	may treat the trade or business address in Singapore of a person as his address for service.

Agents

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 a person who has become a party to any proceedings before the Registrar appoints an agent for the first time or substitutes one agent for another, the newly appointed agent shall file with the Registrar an address in Singapore as his principal’s address for service.

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

(5) Any act required or authorised by the Act in connection with the registration of a trade mark, or any procedure relating to a registered trade mark, may not be done by or to the newly appointed agent referred to in paragraph (3) until after he has complied with that paragraph

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