PART I | 1. These Rules may be cited as the Trade Marks Rules. |
2.—(1) In these Rules, unless the context otherwise requires —| “account holder” means a person registered as an account holder by the Registrar under rule 78B; |
| “authentication code” means an identification or identifying code, password or any other authentication method or procedure that may be assigned to or approved for an account holder by the Registrar; |
| “electronic online system” means the electronic online system established under rule 78A; |
| “folio” means 100 words, each figure being counted as one word; |
| “identification name” means an identification name assigned to an account holder by the Registrar under rule 78C; |
“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) Any fee in the First Schedule shall be paid at the same time as the filing of the matter in question. |
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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 which is not filed using the electronic online system shall —| (a) | be filed using durable paper; and | | (b) | be in writing that is legible and permanent. |
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| (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 in the Trade Marks Journal —| (a) | 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; | | (b) | the Registrar’s directions relating to the use of any form; and | | (c) | any amendment or modification of any such form or direction. |
(2) Any form may be modified on the direction of the Registrar —| (a) | for use in a case other than the case for which it is intended; or | | (b) | for carrying out any transaction by means of the electronic online system. |
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(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 bearing the corresponding number which is —| (a) | described in the Second Schedule; and | | (b) | published in the Trade Marks Journal. |
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| 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, other than by means of the electronic online system, shall be given, sent, filed or served using A4 size paper. |
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 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. [S 598/2008 wef 01/12/2008] |
| (2) Where the Act or these Rules authorise or require any document to be given or sent to or served on any party other than the Registrar or Registry, the giving, sending or service may be effected on that party by sending the document by post. |
(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. [S 598/2008 wef 01/12/2008] |
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| (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) Where any person has attempted to send any document by facsimile transmission under paragraph (1) —| (a) | if any part or all of the document received by the Registrar or Registry is illegible or if any part of the document is not received by the Registrar or Registry, the document shall be treated as not having been submitted; and | | (b) | the burden of proving the legibility and completeness of the document lies with the person who has attempted to send the document. |
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| (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. [S 598/2008 wef 01/12/2008] |
| (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. [S 598/2008 wef 01/12/2008] |
(7) Paragraph (1)(b) shall not apply to the following matters:| (a) | the filing of a request for an extension of time to file a notice of opposition under rule 29(3); | | (b) | the filing of a statutory declaration under rule 32(1), 33(1) or 34(1). |
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| (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 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. |
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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 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 or TM 22, the 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; | | (b) | where the address for service is filed on Form TM 11, TM 28 or TM 29, 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; and | | (c) | where the address for service is filed on Form TM 19 or TM 24, the filing of the address for service shall be effective for the purposes of all renewal applications or proceedings in respect of the trade mark in relation to which that form is filed. |
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| (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. |
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| (7) An application requesting the Registrar to alter an address for service shall be made on Form TM 1. |
| (7A) [Deleted by S 370/2004] |
| (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. |
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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 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 in Form TM 1 his name together with 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 by an agent of his name and address for service under paragraph (3). |
| (4A) 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. |
| (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 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. |
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