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Home > Legislation > IP Legislation > Legislation Updates
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Legislation Update 2005
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The Patents (Amendment) Rules 2005 was first published in the Government Gazette, Electronic Edition, on 9 March 2005 at 5:00 pm as notification number S 116/2005. A copy of the document can be purchased at SNP Corporation Ltd.
Some of the changes brought about by the amendments are set out in the following document: Introductory remarks – Patents (Amendment) Rules 2005 (85KB)
Trade Marks (International Registration) (Amendment) Rules 2005 Notification
The above Notifications were gazetted on 28 December 2005 and it declared that the Trade Marks (Amendment) Rules 2005 and Trade Marks (International Registration) (Amendment) Rules 2005 came into operation on 1 January 2006.
The following is a summary of some of the amendments in Trade Marks (Amendment) Rules 2005 which came into force on 1 January 2006:
- Rule 7 : Service of documents
Non-fee bearing documents (except documents pertaining to hearings) may be sent to the Registry by facsimile transmission. However, each facsimile transmitted document must be legible and the responsibility for ensuring legibility rests with the sender.
- Rule 9 : Address for service
An address for service indicated on Form TM 19 and Form TM 24 is effective only for renewal maters and does not become the proprietor’s address for service for all other matters pertaining to that trade mark.
- Rule 21 : Deficiencies in application
The amendment clarifies the actions that will be taken by the Registry if minimum filing requirements are not met.
- Rules 32, 33, 34 : Extension of time to file evidence by way of a statutory declaration in opposition/revocation/invalidation/rectification proceedings.
The second and subsequent requests for extension of time to file evidence by way of a statutory declaration in opposition/revocation/invalidation/rectification proceedings have to be made on Form TM 50, for which a fee will be imposed.
- Rule 50 : Notice of renewal
The Registrar’s notice to the proprietor informing him of the date of expiry of the trade mark registration will be sent to the proprietor’s address for service for renewal purposes, that is, the address for service indicated on Form TM 19 or Form TM 24, if one has been lodged, or if none, to the proprietor’s address for service.
- Rule 77B : Restoration of applications treated as withdrawn
Applications which are treated as withdrawn under the Act or Rules by reason that the applicant has failed to do any act on time may be restored by filing Form TM 40 with fee within three months from the date of the Registrar’s notice informing the applicant of that fact.
- Removal of Forms TM 9, TM 14, TM 15 and TM 16
Forms TM 9, TM 14, TM 15 and TM 16 have been removed and Forms TM 4, TM 11, TM 12 and TM 13 respectively will be used in their place.
The following is a summary of some of the amendments in the Trade Marks (International Registration) (Amendment) Rules 2005 which came into force on 1 January 2006:
- Rule 5 : Specification of Goods/Services
The amendment clarifies that the Registrar is entitled to raise an objection against vague terms in the specification of goods / services of an International Registration designating Singapore.
- Rule 28 : Notification to International Bureau
The amendment clarifies that in relation to an international application, the Registry will notify the International Bureau where the basic application is treated as withdrawn and is not restored in accordance with the Trade Marks Rules.
Some trade mark forms have been revised and the revised forms are to be used from 1 January 2006. A separate edition of the Trade Marks Journal containing a consolidation of forms to be used in proceedings before the Registrar will be available online at www.ipos.gov.sg from 30 December 2005.
The changes made to the forms are as follows:
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All forms have been amended to incorporate information on the estimated time needed to complete the form.
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Amendments have also been made to Forms TM 1, TM 4, TM 11, TM 12, TM 13, TM 19, TM 22, TM 24, TM 37 and MP 1.
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Form TM 4, TM 11, TM 12 and TM 13 will now be used in place of Forms TM 9, TM 14, TM 15 and TM 16 respectively.
- The Trade Marks (Amendment) Rules 2005 also introduce:
- Form TM 40 for restoration of an application treated as withdrawn. The fee for this form is $130; and
- Form TM 50 for second and subsequent requests for extension of time to file evidence by way of a statutory declaration in opposition/revocation/invalidation/rectification proceedings. The fee for this form is $100 in respect of each trade mark.
For the presentation slides on the amendments, please click here (897KB).
A list of Questions and Answers on the amendments is also available here (24KB).
(Circular No. 24/2005, dated 16 December 2005)
Pursuant to Order Under Section 11(3) of the Revised Edition of the Laws Act (Chapter 275) [S 467/2005], the Trade Marks Act (2005 Revised Edition) came into operation on 31 July 2005. The following provisions in the 1999 Revised Edition of the Trade Marks Act have been renumbered by the Law Revision Commissioners in the 2005 Revised Edition:
8—(1) to (3)
(3A)
(3B)
(3C)
(4)
(5)
(6)
(6A)
(7)
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8—(1) to (3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11) |
10—(1) to (6)
(6A)
(7)
(8)
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10—(1) to (6)
(7)
(8)
(9) |
15—(1) and (2)
(3) (Deleted by Act 20/2004)
(4) (Deleted by Act 20/2004)
(5)
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15—(1) and (2)
—
—
(3) |
19—(1), (2) and (3)
(3A)
(3B)
(4)
(5)
(6) |
19—(1), (2) and (3)
(4)
(5)
(6)
(7)
(8)
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22—(1) to (4)
(5) (Deleted by Act 28/2000)
(6)
(7)
(8)
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22—(1) to (4)
—
(5)
(6)
(7) |
23—(1) to (6)
(6A)
(6B)
(7)
(8)
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23—(1) to (6)
(7)
(8)
(9)
(10) |
34—(1) and (2)
(2A)
(3)
(4)
(5)
(6)
(7)
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34—(1) and (6)
(3)
(4)
(5)
(6)
(7)
(8) |
39—(1) to (4)
(4A)
(5)
(6)
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39—(1) to (4)
(5)
(6)
(7) |
42—(1) to (5)
(5A)
(5B)
(6)
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42—(1) to (5)
(6)
(7)
(8) |
45—(1) to (5)
(6) (Deleted by Act 20/2004)
(7)
(8)
(9)
(10)
(11)
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45—(1) to (5)
—
(6)
(7)
(8)
(9)
(10) |
The Registrar will consider requests to amend pleadings which were lodged before 31 December 2005 relying on the 1999 Edition of the Trade Marks Act.
Please be informed that there was an additional publication of the Trade Marks Journal on 21 December 2005, Wednesday. Circular issued on 16 December 2005 by the Registrar of Trade Marks.
(Circular No. 25/2005, dated 23 December 2005)
Section 21 of the Statutes (Miscellaneous Amendments) (No. 2) Act 2005 which amends the Trade Marks Act came into operation on 1 January 2006.
A summary of some of the amendments to the Trade Marks Act (Cap. 332, 2005 Ed.) are:
- Convention country
The definition of “Convention country” in Section 2(1) is amended to provide that except in section 10 and paragraph 13 of the Third Schedule (claiming priority) “Convention country” includes Singapore.
- Examination of application for registration
An application for registration will be treated as withdrawn if the applicant fails to respond to the Registrar’s queries or objections regarding the registrability of the trade mark within the period specified by the Registrar for doing so.
The Rules, which are being amended to come into operation on 1 January 2006, will deal with restoration of applications which are treated as withdrawn and the conditions for such restoration.
- Collective marks
An application for registration of a collective mark will be treated as withdrawn if the applicant fails to file the regulations governing the use of the mark, pay the prescribed fee for lodging the regulations, or respond to the Registrar’s queries or objections regarding the registrability of the trade mark, within the period specified by the Registrar for doing so.
The Rules, which are being amended to come into operation on 1 January 2006, will deal with restoration of applications which are treated as withdrawn and the conditions for such restoration.
- Certification marks
An application for registration of a certification mark will be treated as withdrawn if the applicant fails to file the regulations governing the use of the mark, pay the prescribed fee for lodging the regulations, or respond to the Registrar’s queries or objections regarding the registrability of the trade mark, within the period specified by the Registrar for doing so.
The Rules, which are being amended to come into operation on 1 January 2006, will deal with restoration of applications which are treated as withdrawn and the conditions for such restoration.
The Registered Designs (Amendment) Rules 2005 was first published in the Government Gazette, Electronic Edition, on 23 August 2005 at 5.00 pm as notification number 556.
A summary of the amendments made to the Registered Designs Rules may be found here. |
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Last updated on 05 Oct 2011 |
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