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) Unless the Registrar permits or directs otherwise, the payment of a fee in connection with an act referred to in rule 78A(2)(a) shall be made using any mode of payment designated by the electronic online system, if the act is carried out using that system. [S 743/2014 wef 13/11/2014] |
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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 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) 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 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. 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; [S 743/2014 wef 13/11/2014] | | (c) | by electronic communication, by sending an electronic communication of the document using the electronic online system; or [S 598/2008 wef 01/12/2008] [S 743/2014 wef 13/11/2014] | | (d) | by hand. [S 743/2014 wef 13/11/2014] |
| (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) [Deleted by S 743/2014 wef 13/11/2014] |
(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 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 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 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 a separate Form CM8; |
| | (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 leave to intervene) in relation to which that form is filed and any related proceedings under Part X; | | (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; [S 149/2017 wef 01/04/2017] |
| | (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; and |
| | (o) | the Registrar may treat the trade or business address in Singapore of a person as his address for service, unless a different address for service is provided under paragraph (1) or (7) or rule 44. |
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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 as required by paragraph (1), the Registrar may send to the person concerned notice to file an address for service within 2 months after the date of the notice, and if that person fails to do so —| (a) | in the case of an applicant or person referred to in paragraph (1)(a), (c), (f), (g), (h) or (i), the application made by the applicant or person shall be treated as withdrawn; | | (b) | in the case of a person referred to in paragraph (1)(b) or (d), the person shall be treated as having withdrawn the person’s opposition or intervention (as the case may be); | | (c) | in the case of the proprietor referred to in paragraph (1)(e), the proprietor shall not be 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 referred to 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, shall be treated as withdrawn; and | | (e) | in the case of a party referred to in paragraph (1)(k), the party shall not be permitted to take part in the proceedings in question. |
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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] |
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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 who has changed his name desires to change his name appearing on the register, the agent shall apply for the name appearing on the register to be changed by filing Form CM2 with the Registrar. [S 743/2014 wef 13/11/2014] |
(7) Where an agent for a party to any proceedings intends to cease to act on the party’s behalf —| (a) | the agent shall file, and serve on the party and on the Registrar, a notice in Form CM1 of the intention to cease to act on the party’s behalf; and | | (b) | upon complying with sub‑paragraph (a), the agent shall cease to be the agent for the party. [S 743/2014 wef 13/11/2014] |
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