Trade Marks (International Registration) Rules

Trade Marks Act

(Chapter 332, Sections 54 and 108)

R 3

G.N. No. S 490/2000

REVISED EDITION 2002

(31st January 2002)

[31st October 2000]

PART I

PRELIMINARY

Citation

1. These Rules may be cited as the Trade Marks (International Registration) Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“Common Regulations” means the regulations adopted under Article 10 of the Madrid Protocol, with effect from 1st April 1996, as replaced, revised or amended from time to time;

“electronic online system” means the electronic online system established under rule 78A of the Trade Marks Rules (R 1);

[S 740/2014 wef 13/11/2014]

“international application” means an application to the International Bureau for registration of a trade mark in the International Register;

[Deleted by S 740/2014 wef 13/11/2014]

“International Register” means the register of trade marks maintained by the International Bureau for the purposes of the Madrid Protocol;

“international registration” means the registration of a trade mark in the International Register;

“international registration designating Singapore” means an international registration in which a request has been made (either in the relevant international application or subsequently) for extension of protection to Singapore under Article 3ter (1) or (2) of the Madrid Protocol;

“protected international trade mark (Singapore)” has the meaning given by rule 17, and references to “protection” and “protected” shall be construed accordingly.

Fees

3.—(1) The fees set out in the First Schedule shall be payable to the Registrar in respect of the matters set out 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 740/2014 wef 13/11/2014]

(3) Subject to paragraph (4), a fee must be paid using the mode of payment permitted or directed by the Registrar.

[S 434/2020 wef 05/06/2020]

(4) Where the electronic online system is used to carry out an act referred to in rule 4A(1), the fee payable in connection with that act must, unless otherwise permitted or directed by the Registrar, be paid using the mode of payment designated by the electronic online system.

[S 434/2020 wef 05/06/2020]

Forms

4.—(1) The Registrar shall publish on the Office’s Internet website at http://www.ipos.gov.sg the forms referred to in these Rules.

[S 740/2014 wef 13/11/2014]

(2) Any form may be modified on the direction of the Registrar for use in a case other than the case for which it is intended.

(3) The Registrar may accept, in lieu of any form, any document which is filed with the Registry for any purpose for which the form was published but which deviates from the form, if the document —

(a)	complies with every direction of the Registrar referred to in paragraph (2) which relates to the use of the form; and [S 740/2014 wef 13/11/2014]
(b)	is in a format that is acceptable to the Registrar. [S 372/2004 wef 01/07/2004]

(4) Any reference in these Rules to a numbered form shall be construed as a reference to the current version of the form bearing the corresponding number which is described —

(a)	in the case of Forms MP1 and MP2, in the Second Schedule; or
(b)	in the case of any other form, in the Second Schedule to the Trade Marks Rules. [S 740/2014 wef 13/11/2014]

Electronic online system

4A.—(1) Unless the Registrar permits otherwise in a particular case, the electronic online system must be used by any person for giving or sending to, filing with or serving on the Registrar or the Registry any document (other than a notice or document to be served in proceedings in court).

(2) The electronic online system may be used by the Registrar or the Registry for giving or sending to or serving on any person any notice or other document (other than a notice or document to be served in proceedings in court).

(3) The Registrar may issue practice directions specifying —

(a)	the manner in which any document is to be given or sent to, filed with or served on the Registrar or the Registry under paragraph (1);
(b)	the manner in which the Registrar or the Registry may give, send or serve any notice or document under paragraph (2);
(c)	the procedures and conditions for the setting-up, operation and use of the electronic online system; and
(d)	in the event of any malfunction of the electronic online system, the manner in which any document is to be given or sent to, filed with or served on the Registrar or the Registry under paragraph (1), or in which the Registrar or the Registry may give, send or serve any notice or document under paragraph (2).

(4) The Registrar —

(a)	may correct any error or omission in any document or information that has occurred or arisen as a result of any malfunction of the electronic online system; and
(b)	must maintain a record of the correction so made.

[S 434/2020 wef 05/06/2020]

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