25.—(1) Where the protected international trade mark (Singapore) has become protected under rule 17 on or before the actual date on which the transformation application is made (referred to in this rule as the transformation date), the trade mark shall be registered under the Act.
(2) Where the international registration designating Singapore has not become protected under rule 17 by the transformation date and its particulars have been published under rule 12 —
(a)
the Registrar shall treat the publication of its particulars as the publication of the transformation application under section 13(1) of the Act; and
(b)
the Registrar shall treat any opposition to its protection under rule 13 as an opposition to its registration under section 13(2) of the Act, and rules 29 to 40 of the Trade Marks Rules (R 1) shall apply subject to such modifications as the Registrar may determine.
(3) Where particulars of the international registration designating Singapore have not yet been published under rule 12 by the transformation date and the Registrar has issued a notification of refusal under rule 11(3), the Registrar shall for the purposes of the transformation application treat the notification of refusal as a notice issued by the Registrar to the applicant under section 12(3) of the Act.
(4) Despite paragraph (2)(b), rule 29 of the Trade Marks Rules as in force immediately before 31 January 2017 continues to apply, subject to such modifications as the Registrar may determine, to any notice of opposition filed or to be filed in relation to a transformation application made in respect of an international registration designating Singapore the particulars of which were published under rule 12 before that date.
[S 23/2017 wef 31/01/2017]
(5) Despite paragraph (2)(b), rule 31 of the Trade Marks Rules as in force immediately before 31 January 2017 continues to apply, subject to such modifications as the Registrar may determine, to any counter‑statement filed or to be filed in relation to either of the following:
(a)
a notice of opposition filed before that date under rule 13 that is treated as a notice of opposition against a transformation application;
(b)
a notice of opposition filed before that date under rule 29 of the Trade Marks Rules against a transformation application.
[S 23/2017 wef 31/01/2017]
(6) Despite paragraph (2)(b) —
(a)
rules 31A to 34 of the Trade Marks Rules do not apply to any evidence to be adduced in any opposition proceedings arising from a transformation application where a counter‑statement is filed before 31 January 2017 under rule 31 of the Trade Marks Rules; and
(b)
rules 32, 33 and 34 of the Trade Marks Rules as in force immediately before that date continue to apply, subject to such modifications as the Registrar may determine, to any such evidence.
[S 23/2017 wef 31/01/2017]
(7) Despite paragraph (2)(b), rule 38 of the Trade Marks Rules as in force immediately before 31 January 2017 continues to apply, subject to such modifications as the Registrar may determine, to or in relation to any opposition hearing, arising from either of the following, that ended before that date:
(a)
a notice of opposition filed under rule 13 that is treated as a notice of opposition against a transformation application;
(b)
a notice of opposition filed under rule 29 of the Trade Marks Rules against a transformation application.