6 July, 2007
Singapore – Amendments to Trade Marks Act
The Singapore Trade Marks Act has been amended to more closely align the provisions of the Act with those of its major trading partners. It is understood that the amendments came into force on 2 July 2007.
Multi-Class Applications
Currently, if protection is required for goods or services covering more that one class, it is necessary to file separate applications and for each application to be individually examined. The amendments will allow for a single application covering more than one class of goods and/or services to be filed and will result in a single trade mark registration. At renewal, the proprietor need only submit a single renewal request per registration but the fees will be payable on a per class basis.
One, or some, of the classes of a multi-class application can be assigned and recorded on the Register as a partial assignment.
Reinstatement of Lapsed Applications
Where the Registry has treated an application as withdrawn or where the applicant or proprietor has failed to comply with the specific time limits in any proceedings before the Registrar, it may (and subject to the payment of additional fees) be possible to have rights reinstated if:(i) the request for reinstatement is made within 6 months, and
(ii) the omission which lead to the application being treated as withdrawn or the failure to comply with the time limits was "unintentional"
The omitted act should be completed concurrently with the request for reinstatement.
As long as the official rules are complied with, the Registrar will reinstate the application unless "good and sufficient reasons" are provided to refuse the request.
It should, however, be noted that reinstatement does not apply to missed deadlines for claiming priority, or for deadlines in opposition, revocation or invalidity proceedings.
Registration of Licences in Respect of Pending Applications
Licences will now be able to be recorded against applications during their pendency. Previously, licences could only be recorded against a registered trade mark.
Division of Applications for Registration
Applicants for registration of a trade mark may, at any time before an application proceeds to registration, request that the application be divided into two or more separate applications. The divided application(s) will maintain the same filing date (and also priority date, where applicable) as the original application.
Divided application(s) cannot be subsequently merged into the original application and consequently will attract separate registration and renewal fees.
Division may be a useful tool to allow early acceptance and registration of a mark in relation to some classes of goods and/or services where objection has been raised against some of the classes of goods and/or services only.
As with Australia, an International Registration designating Singapore cannot be divided.
Brian Hendy
