In Singapore, it is possible to invalidate or revoke a registered trade mark.
Invalidation and revocation are two very different processes.
Invalidation is intended to remove from the register marks which should never have been registered in the first place, because such marks fail to satisfy the registration criteria. For example, the registered trade mark is descriptive of the goods or services for which registration is sought, or is confusingly similar to an earlier trade mark.
Revocation, on the other hand, is intended to remove marks whose initial registration was valid, but which should not be allowed to remain on the register. The reason could be because of the proprietor’s failure to use the registered trade mark or because it has become the common name in the trade for the product or service for which it is registered, or because it has become misleading. Revocation allows such marks to be released to the public for use.
The grounds for invalidation and revocation, procedure and timelines are prescribed by law under the Trade Marks Act and Rules.
The flowchart below outlines the procedures and timelines for applying to revoke or invalidate a registered trade mark. You may access an enlarged copy of the flowchart here.
For more information on trade mark invalidation or revocation, please click here.