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The degree to which the trade mark is known to or recognised by any relevant sector of the public in Singapore (7) Subject to subsection (8), in deciding, for the purposes of this Act, whether a trade mark is well known in Singapore, it shall be relevant to take into account any matter from which it may be inferred that the trade mark is well known, including such of the following matters as may be relevant: ( a) (6) In this Act, a sign is taken to be applied to goods, material or any other thing if it is woven in, impressed on, worked into, or affixed or annexed to, the goods, material or thing.
#Is a 29 on the act good registration#
(5) References in this Act to registration (in particular, in the expression “registered trade mark”) are, unless the context otherwise requires, to registration in the register. (4) References in this Act to use (or any particular description of use) of a trade mark, or of a sign identical with, similar to, or likely to be mistaken for a trade mark, include use (or that description of use) otherwise than by means of a graphic representation. (3) References in this Act to a trade mark include, unless the context otherwise requires, a collective mark or certification mark. (2) References in this Act to a trade mark include any trade mark which relates to a service that is ancillary to goods or services dealt with or provided in the course of trade by a person, whether or not the service is provided for money or money’s worth. “WTO Agreement” means the World Trade Organisation Agreement signed in Marrakesh in 1994 as revised or amended from time to time. Whether or not that person carries on business, or has any goodwill, in Singapore Is domiciled in, or has a real and effective industrial or commercial establishment in, a Convention country, “TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property Rights, set out in Annex 1C to the WTO Agreement, as revised or amended from time to time Īny registered trade mark that is well known in Singapore orĪny unregistered trade mark that is well known in Singapore and that belongs to a person who - (i)
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“trade mark” means any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person “trade” includes any business or profession “sign” includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or any combination thereof 332, 1992 Ed.) repealed by the Trade Marks Act 1998 (Act 46 of 1998, revised as Cap. “repealed Act” means the Trade Marks Act (Cap. “Registry” means the Registry of Trade Marks established under section 64 “Registrar” means the Registrar of Trade Marks referred to in section 62 and includes any Deputy Registrar of Trade Marks referred to in that section “register” means the register of trade marks maintained by the Registrar under section 66 In relation to an unregistered trade mark that is a well known trade mark, the person to whom the trade mark belongs In relation to a registered trade mark, the person in whose name the trade mark is registered or “Paris Convention” means the Convention for the Protection of Industrial Property signed at Paris on 20th March 1883, as revised or amended from time to time “Office” means the Intellectual Property Office of Singapore incorporated under the Intellectual Property Office of Singapore Act (Cap. “geographical indication” has the same meaning as in section 2 of the Geographical Indications Act 2014 “dilution”, in relation to a trade mark, means the lessening of the capacity of the trade mark to identify and distinguish goods or services, regardless of whether there is - ( a)Īny competition between the proprietor of the trade mark and any other party orĪny likelihood of confusion on the part of the public Ī registered trade mark or an international trade mark (Singapore), the application for registration of which was made earlier than the trade mark in question, taking account (where appropriate) of the priorities claimed in respect of the trade marks orĪ trade mark which, at the date of application for registration of the trade mark in question or (where appropriate) of the priority claimed in respect of the application, was a well known trade mark,Īnd includes a trade mark in respect of which an application for registration has been made and which, if registered, would be an earlier trade mark by virtue of paragraph ( a) subject to its being so registered