Division 2 — Application for Registration
Application for registration
15.  An application for the registration of a trade mark shall be made on Form TM 4 (referred to in this Part as the application form) and shall contain a clear indication of the nature of the mark.
[S 588/2011 wef 01/11/2011]
Representation of trade marks
16.—(1)  The applicant shall provide a clear and durable representation of the mark in the space provided for that purpose in the application form.
(2)  Where the representation exceeds the space in size, the representation shall be provided on a separate sheet of paper to be annexed to the application form.
(3)  Where an application is for the registration of a series of trade marks, a representation of each trade mark in the series shall be provided in the application form.
(4)  Where the Registrar reasonably believes that the representation provided by the applicant does not sufficiently show the particulars of the mark or does not allow all features of the mark to be properly examined, the Registrar may, by notice in writing, require the applicant to provide, within such time as the Registrar may specify in the notice, any or all of the following:
(a)another representation of the mark consisting of a single view of the mark or of several different views of the mark;
(b)a description of the mark expressed in words;
(c)such other information as the Registrar may require.
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(5)  [Deleted by S 588/2011 wef 01/11/2011]
(6)  The Registrar may at any time, if dissatisfied with any representation of a trade mark, require another representation satisfactory to him to be filed before proceeding with the application, and the applicant shall substitute the representation by filing with the Registrar Form TM 27.
[S 743/2014 wef 13/11/2014]
Division of application for registration
17.—(1)  Subject to the provisions of this rule, an application for registration of a trade mark (referred to in this rule as the original application) made on or after 2nd July 2007 may, at the request of the applicant made on Form TM 8 at any time after the date of the original application but before the registration of the trade mark, be divided into 2 or more separate applications for registration of the trade mark.
(2)  Where the original application is made in respect of 2 or more goods or services, a request under paragraph (1) may be made to divide the original application into 2 or more separate applications, each in respect of —
(a)one or more classes of those goods or services, being classes of goods or services to which the original application relates; or
(b)one or more of those goods or services included in one or more of the classes of goods or services to which the original application relates.
(3)  Where the applicant makes a request under paragraph (1), the request shall contain, for each separate application and each class of goods or services in respect of which that separate application is made, a specification in accordance with rule 19 setting out the goods or services to which that separate application relates.
(4)  Upon the division of the original application into 2 or more separate applications —
(a)each separate application shall have the same date as the original application;
(b)any notice of opposition to the registration of any trade mark which is a subject of the original application shall —
(i)if the notice relates only to some (but not all) of the goods or services in respect of which the original application is made, be treated as having been given in relation only to each separate application made in respect of any of the goods or services to which the notice relates; or
(ii)subject to sub-paragraph (i), be treated as having been given in relation to all of the separate applications,
and the opposition proceedings shall continue as if the notice had been so given; and
(c)any notice given to the Registrar under section 41(3) of the Act shall —
(i)if the notice relates only to some (but not all) of the goods or services in respect of which the original application is made, be treated as having been given in relation only to each separate application made in respect of any of the goods or services to which the notice relates; or
(ii)subject to sub-paragraph (i), be treated as having been given in relation to all of the separate applications.
Claim to priority
18.—(1)  Where a right of priority is claimed by reason of an application for the registration of a trade mark filed in a Convention country under section 10 of the Act or in another country or territory in respect of which provision corresponding to that set out in section 10 of the Act is made under section 11 of the Act (referred to in this rule as the priority application), particulars of that claim shall be included in the application form at the time of filing the application form.
(2)  The particulars referred to in paragraph (1) are —
(a)the country or territory in which —
(i)the priority application; or
(ii)where there is more than one priority application, each priority application,
was filed;
(b)the date on which —
(i)the priority application; or
(ii)where there is more than one priority application, each priority application,
was filed;
(c)where the right of priority is claimed in respect of one or more, but not all, of the goods or services for which registration was sought in the priority application, the goods or services in respect of which the right of priority is claimed; and
(d)where the right of priority is claimed through more than one priority application, the goods or services in respect of which the right of priority is claimed through each priority application.
(3)  The Registrar may at any time require the applicant to file a certificate by the registering or other competent authority of the country or territory concerned certifying or verifying to the satisfaction of the Registrar —
(a)the date of filing of the priority application;
(b)the country or territory, or the registering or competent authority;
(c)the representation of the mark; and
(d)the goods and services covered by the priority application.
(4)  Where the certificate referred to in paragraph (3) is not in the English language, there shall be annexed to the certificate a translation in English of the contents of the certificate, certified or verified to the satisfaction of the Registrar.
Specification
19.—(1)  For the purposes of the registration of a trade mark, goods and services are classified according to the Nice Classification as in force on the date of the application for registration of the trade mark.
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(2)  Every application shall contain, for each class of goods or services to which the application relates —
(a)the class number as set out in the Nice Classification as in force on the date of that application; and
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(b)a specification of those goods or services which —
(i)is appropriate to that class;
(ii)is described in such a manner as to —
(A)indicate clearly the nature of those goods or services; and
(B)allow those goods or services to be classified in accordance with the Nice Classification as in force on the date of that application; and
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(iii)complies with any other requirement of the Registrar.
(3)  An application may be made in respect of more than one class of goods or services in the Nice Classification as in force on the date of that application, and in such a case, the specification shall set out the classes and list under each class the goods or services to which the application relates.
[S 743/2014 wef 13/11/2014]
[S 739/2015 wef 01/01/2016]
(4)  In the case of an application for registration in respect of all the goods or services included in a particular class in the Nice Classification as in force on the date of that application, or of a large variety of goods or services, the Registrar may refuse to accept the application unless he is satisfied that the specification is justified by the use of the mark which the applicant has made, or intends to make if and when it is registered.
[S 739/2015 wef 01/01/2016]
Translation and transliteration
20.—(1)  Where a trade mark contains or consists of a word or words in characters other than Roman or in a language other than English, there shall, unless the Registrar otherwise directs, be endorsed on the application form —
(a)a translation in English to the satisfaction of the Registrar and, if the case requires, a transliteration in English to the satisfaction of the Registrar, of the word or words; and
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(b)the language to which the word or words belong.
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(2)  The Registrar may at any time require a copy of the translation or transliteration, certified or verified to the satisfaction of the Registrar, to be filed with the Registrar.
Deficiencies in application
21.—(1)  Where an application for registration of a trade mark does not satisfy any requirement under section 5(2) or (3) of the Act, the Registrar shall send the applicant a notice requiring the applicant to remedy the deficiency.
(2)  Where the Registrar has sent the applicant a notice under paragraph (1), the applicant shall remedy all deficiencies set out in the notice within 2 months after the date of the notice.
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(3)  In accordance with section 5(4) of the Act, an application for registration of a trade mark shall not be treated as made unless —
(a)all the requirements under section 5(2) of the Act have been satisfied; and
(b)all the fees payable under section 5(3) of the Act —
(i)have been paid; or
(ii)are treated by the Registrar as paid.
(4)  Subject to paragraph (1), where an application for registration does not comply with rule 15(1) or 19(2)(a), the Registrar shall send the applicant a notice requiring the applicant to remedy the deficiency.
(5)  If the applicant fails to remedy all deficiencies set out in the notice under paragraph (4) within 2 months after the date of the notice, the application shall be treated as withdrawn.
[S 743/2014 wef 13/11/2014]
Withdrawal of application
21A.  A notice of withdrawal of an application for registration of a trade mark referred to in section 5 of the Act may be made in either of the following ways:
(a)by way of a written request;
(b)in Form CM9.
[S 743/2014 wef 13/11/2014]