PART XIII
MISCELLANEOUS
81.  [Deleted by S 743/2014 wef 13/11/2014]
Case management conference
81A.—(1)  Notwithstanding anything in these Rules, at any stage of any application to or proceedings before the Registrar, the Registrar may direct the applicant or parties to attend a case management conference in order that the Registrar may make such order or give such direction as he thinks fit for the just, expeditious and economical disposal of the matter.
(2)  At a case management conference, the Registrar may —
(a)consider any matter, including the possibility of settlement of any or all of the issues in the application or proceedings; and
(b)direct the parties to furnish the Registrar with such information as the Registrar may require.
(3)  If any party fails to comply with any direction or order given under paragraph (1) or (2), the Registrar may —
(a)where that direction or order was given in relation to any application or proceedings initiated by that party, dismiss the application or proceedings, as the case may be; or
(b)make such other order as the Registrar thinks fit.
(4)  Any direction given or order made by the Registrar under paragraph (1), (2) or (3) may be set aside or varied by the Registrar on such terms as the Registrar thinks fit.
(5)  If, during or pursuant to a case management conference, the parties are agreeable to a settlement of all or some of the matters in dispute in any application or proceedings, the Registrar may —
(a)give the Registrar’s decision in relation to the application or proceedings; or
(b)make such order as the Registrar thinks just to give effect to the settlement.
(6)  If any party does not attend a case management conference, the Registrar may —
(a)where the case management conference pertains to any application or proceedings initiated by that party, dismiss the application or proceedings, as the case may be;
(b)make such other order as the Registrar thinks fit; or
(c)adjourn the case management conference.
[S 692/2021 wef 01/10/2021]
(7)  An order made by the Registrar in the absence of a party under paragraph (6) may be set aside by the Registrar, on the application of that party, on such terms as the Registrar thinks fit.
(8)  Any application or proceedings dismissed under paragraph (3) or (6) may, on application of any party, be restored on the direction of the Registrar.
[S 743/2014 wef 13/11/2014]
(9)  Despite paragraphs (1) and (2) but subject to paragraphs (10), (11) and (12), the Registrar may direct that a case management conference be held in an asynchronous manner by exchange of written correspondence with the parties, and the Registrar may exercise any power conferred on the Registrar under this rule for the purpose of securing the just, expeditious and economical disposal of the matter.
[S 692/2021 wef 01/10/2021]
(10)  Where a case management conference is held under paragraph (9), the Registrar must —
(a)before giving any direction or making any order on any matter, give each party an opportunity to address the Registrar on the intended direction or order; and
(b)before giving any direction or making any order that affects a party’s rights or interests, give that party an opportunity to address the Registrar and respond to any submission made by the other party on the intended direction or order.
[S 692/2021 wef 01/10/2021]
(11)  For the purpose of exercising the Registrar’s powers under paragraph (6) or (7) in a case management conference held under paragraph (9), the references to the non-attendance of a party in paragraph (6) and the absence of a party in paragraph (7) are each to be read as a reference to the failure of a party to respond to the Registrar’s written correspondence relating to the case management conference within the time specified in the written correspondence.
[S 692/2021 wef 01/10/2021]
(12)  The Registrar must not hold a case management conference in an asynchronous manner under paragraph (9) if any party requests that the case management conference be held in accordance with paragraph (1) instead.
[S 692/2021 wef 01/10/2021]
Production of documents, information or evidence
81B.—(1)  Notwithstanding anything in these Rules, at any stage of any application to or proceedings before the Registrar, the Registrar may direct the applicant or any party to produce or file, within such period as the Registrar may specify, any document, information or evidence which the Registrar may reasonably require.
[S 692/2021 wef 01/10/2021]
(2)  Without limiting paragraph (1), the Registrar may control the evidence by giving directions as to —
(a)the issues on which any evidence is required; and
(b)the way in which the evidence is to be adduced.
[S 692/2021 wef 01/10/2021]
Consolidation of matters or proceedings
81C.—(1)  The Registrar may order 2 or more matters or proceedings to be consolidated on terms that the Registrar thinks just, or order them to be heard at the same time, or one immediately after another, or order any of them to be stayed until after the determination of any other of them, if the Registrar is of the opinion that —
(a)there is some common question of law or fact in the matters or proceedings;
(b)the rights to relief claimed in the matters or proceedings are in respect of or arise out of the same factual situation; or
(c)for any other reason it is desirable to make an order under this rule.
(2)  The Registrar may only exercise the Registrar’s power under paragraph (1) after giving the parties an opportunity to be heard.
[S 692/2021 wef 01/10/2021]
Appeal
82.  The following decisions of the Registrar are subject to appeal to the Court:
(a)a decision referred to in rule 38; and
(b)a decision in opposition proceedings under rule 46, 56, 65 or 66A.
Irregularities
83.  Any irregularity in procedure which, in the opinion of the Registrar, is not detrimental to the interests of any person or party may be corrected on such terms as the Registrar may direct.
Correction of errors
84.—(1)  A request for the correction of an error or a mistake must —
(a)in the case of an error or a mistake referred to in section 14(3)(b) or (c) of the Act, be made in Form TM 27; or
(b)in the case of an error or a mistake referred to in section 25(a) of the Act, be made in Form CM4.
(2)  For the purposes of paragraph (1), the correction must be clearly identified on a document filed together with the form or on the form itself.
(3)  The Registrar may call for such written explanation of the reasons for the request or evidence in support of the request as the Registrar may require in order to be satisfied that there is an error or a mistake.
(4)  Paragraph (1) shall not apply to the correction of an error of translation or transcription or of a clerical error or mistake in —
(a)any document filed in proceedings with notice under —
(i)rule 23;
(ii)any of rules 29(2) to (7) and 31 to 37, as applied by rule 23(4);
[S 22/2017 wef 31/01/2017]
(iii)any of rules 29 to 37;
(iv)rule 56(4);
(v)any of rules 29(2) to (7) and 31 to 37, as applied by rule 56(6);
[S 22/2017 wef 31/01/2017]
(vi)rule 57 or 58;
(vii)any of rules 31A to 37, as applied by rule 59;
[S 22/2017 wef 31/01/2017]
(viii)rule 60;
(ix)rule 65 or 66A;
(x)any of rules 29 to 37, as applied by rule 65(1);
(xi)any of rules 29(3) to (7) and 31 to 37, as applied by rule 66A(3); or
[S 22/2017 wef 31/01/2017]
(xii)rule 67A(3) or (4), 72, 73, 76 or 77(1);
[S 263/2022 wef 01/04/2022]
(b)any form filed under rule 67A(1) or (8); or
(c)any form filed for an application under rule 24(2)(b) or for a request under rule 24(6)(a).
(5)  A request for the correction of an error in respect of any proceedings referred to in paragraph (4)(a) shall be made to the Registrar in writing.
[S 743/2014 wef 13/11/2014]
Application to Court
85.  A person who makes an application to the Court under the Act shall as soon as practicable file a copy of the application with the Registrar.
Order of Court
86.—(1)  Where an order is made by the Court or any other competent authority in any matter under the Act, the person, or one of the persons, in whose favour the order is made shall as soon as practicable file a copy of the order with the Registrar.
[S 743/2014 wef 13/11/2014]
(2)  [Deleted by S 743/2014 wef 13/11/2014]
(3)  If the order is to rectify or alter the register, the Registrar shall rectify or alter the register in accordance with such order.
[S 743/2014 wef 13/11/2014]
Trade Marks Journal
86A.—(1)  The Registrar shall publish a journal, to be called the Trade Marks Journal, which shall contain —
(a)all matters that are required to be published in that Journal under rules 23(1), 26(1) and 56(3); and
[S 743/2014 wef 13/11/2014]
(b)[Deleted by S 743/2014 wef 13/11/2014]
(c)such other information as the Registrar thinks fit.
(2)  The Trade Marks Journal shall be published weekly, unless the Registrar otherwise directs.