18.—(1) The provisions of sections 22 and 23 of the Act shall, with the necessary modifications, apply so as to permit the protection of a protected international trade mark (Singapore) to be revoked or declared invalid.
(2) For the purposes of applying sections 22 and 23 of the Act —
(a)
the reference in section 22(1) of the Act to the date of completion of the registration procedure shall be treated as a reference to the date the protected international trade mark (Singapore) became protected;
(b)
the reference in section 22(2) of the Act to the form in which a trade mark was registered shall be treated as a reference to the form in which it is protected;
(c)
references in sections 22(6) and 23(9) of the Act to goods or services for which the trade mark is registered shall be treated as references to those in respect of which it is protected;
[S 162/2007 wef 02/07/2007]
(d)
references in section 22 of the Act to the registration of a trade mark being revoked shall be treated as references to the protection of a protected international trade mark (Singapore) being revoked; and
(e)
references in section 23 of the Act to the registration of a trade mark being declared invalid shall be treated as references to the protection of a protected international trade mark (Singapore) being declared invalid.
(3) The provisions of rules 57 to 60 of the Trade Marks Rules (R 1) shall, with the necessary modifications, apply to the procedure upon an application for revocation or a declaration of invalidity of protection of a protected international trade mark (Singapore).
(4) Where the protection of a protected international trade mark (Singapore) is revoked or declared invalid to any extent, the Registrar shall notify the International Bureau and —
(a)
in the case of a revocation, the rights of the proprietor shall be deemed to have ceased to exist to that extent as from the date of the application for revocation, or if the Registrar or the Court is satisfied that the grounds for revocation existed at an earlier date, that date;
(b)
in the case of a declaration of invalidity, the trade mark shall to that extent be deemed never to have been a protected international trade mark (Singapore), but this shall not affect transactions past and closed as at the date when the invalidity is recorded in the International Register.
(5) Despite paragraph (3), rule 58 of the Trade Marks Rules as in force immediately before 31 January 2017 continues to apply, with the necessary modifications, to the procedure relating to any counter‑statement filed or to be filed in relation to any of the following:
(a)
an application filed before that date for revocation of the protection of a protected international trade mark (Singapore);
(b)
an application filed before that date for a declaration of invalidity of the protection of a protected international trade mark (Singapore).
[S 23/2017 wef 31/01/2017]
(6) Despite paragraph (3), rule 59 of the Trade Marks Rules as in force immediately before 31 January 2017 continues to apply, with the necessary modifications, to the procedure relating to any further proceedings on any of the following applications where a counter‑statement is filed before that date:
(a)
an application for revocation of the protection of a protected international trade mark (Singapore);
(b)
an application for a declaration of invalidity of the protection of a protected international trade mark (Singapore).