8.—(1) The following are notifiable transactions for the purpose of this rule:
(a)
the grant of a licence under a protected international trade mark (Singapore);
(b)
the granting of any security interest (whether fixed or floating) over a protected international trade mark (Singapore) and any right in or under it.
(2) On application being made to the Registrar by —
(a)
a person claiming to be entitled to an interest in or under a protected international trade mark (Singapore) by virtue of a notifiable transaction; or
(b)
any other person claiming to be affected by such a transaction,
the relevant particulars of the transaction shall be entered in the register.
(3) The following are relevant transactions for the purpose of this rule:
(a)
[Deleted by S 372/2004 wef 01/07/2004]
(b)
an assignment of a protected international trade mark (Singapore) or any right in it;
(c)
the making by personal representatives of an assent in relation to a protected international trade mark (Singapore) or any right in or under it;
(d)
an order of the Court or other competent authority transferring a protected international trade mark (Singapore) or any right in or under it.
(4) Until —
(a)
in the case of any notifiable transaction referred to in paragraph (1)(b), an application has been made for the registration of the relevant particulars of the transaction; or
(b)
in the case of any relevant transaction, the transaction has been recorded in the International Register,
the transaction is ineffective as against a person acquiring an interest in or under the protected international trade mark (Singapore) in ignorance of it.
[S 372/2004 wef 01/07/2004]
(5) A person who becomes the proprietor of a protected international trade mark (Singapore) by virtue of any notifiable transaction referred to in paragraph (1)(b) or relevant transaction is not entitled to damages, an account of profits or statutory damages under section 31(5)(c) of the Act in respect of any infringement of the protected international trade mark (Singapore) occurring after the date of the transaction and before the transaction is recorded in the International Register.
[S 372/2004 wef 01/07/2004]
(5A) For the avoidance of doubt, paragraph (4) shall not apply to any relevant transaction relating to —
(a)
a licence under a protected international trade mark (Singapore); or
(b)
any right in or under the licence.
[S 372/2004 wef 01/07/2004]
(6) In this rule, “relevant particulars” means —
(a)
in the case of the grant of a licence under a protected international trade mark (Singapore) —
(i)
the name and address of the licensee;
(ii)
where the licence is an exclusive licence, that fact;
(iii)
where the licence is limited, a description of the limitation; and
(iv)
the duration of the licence if the same is, or is ascertainable as, a definite period;
(b)
in the case of the grant of any security interest over a protected international trade mark (Singapore) or any right in or under it —
(i)
the name and address of the grantee;
(ii)
the nature of the interest (whether fixed or floating); and
(iii)
the extent of the security and the right in or under the trade mark secured.