SINGAPORE Law and Practice Contributed by: Yvonne Tang, Lim Siau Wen and Ruby Tham, Drew & Napier LLC
decide whether that letter suffices to overcome their objection. 4.7 Revocation, Change, Amendment or Correction of an Application During the registration process, an applicant may apply to restrict the goods/services under the trade mark application. An applicant may also apply to amend or correct the following in respect of its application, and only where the amendment does not substantially affect the iden - tity of the trade mark or extend the goods/services covered by the application: • the applicant’s name or other particular; • errors of wording or of copying; or • obvious mistakes. An applicant may at any time withdraw its trade mark application. 4.8 Dividing a Trade Mark Application A trade mark applicant may apply to divide its trade mark application into two or more separate applica - tions. This is typically done where a Registry objection or an opposition lies against some but not all of its goods/services. Upon division, the part of the original application without issue may proceed to publication or registration sooner. 4.9 Incorrect Information in an Application A trade mark application must include a declaration that the information furnished is true to the best of the applicant’s knowledge. There may be criminal liability for providing false information. Amendments or corrections in respect of pending applications for registration have been covered in 4.7 Revocation, Change, Amendment or Correction of an Application . For an error or mistake in any filing other than an appli - cation for registration, a request can be made to the Registrar for amendment. The Registrar may make the amendment if it is to correct a clerical error or an obvious mistake, or if the Registrar is of the opinion that it is fair and reasonable to do so.
In addition to the above, any person having a sufficient interest may apply to the Registrar or the General Divi - sion of the High Court for the rectification of an error or omission in the register. 4.10 Refusal of Registration The absolute grounds for refusal of registration of a mark include: • failing to satisfy the definition of a “trade mark”; • being devoid of distinctive character; • consisting exclusively of signs or indications describing the characteristics of the goods/ser - vices; • consisting exclusively of signs or indications that have become customary in the current language or trade; • being contrary to public policy or morality; • being deceptive in nature; or • where the application is made in bad faith. There are also absolute grounds for refusal relating to certain types of shapes and geographical indications, and to crests, armorial bearings, insignias, flags and other symbols. During examination, the Registrar must raise an objection if they consider any of the grounds above to apply. The applicant will have an opportunity to respond within four months of the Registrar’s exami - nation report. It may do so by making representations in writing, applying for a hearing, applying to amend the application, or furnishing additional information or evidence. If the applicant fails to respond, the applica - tion will be treated as withdrawn. 4.11 The Madrid System Singapore is a signatory to the Madrid Agreement Concerning the International Registration of Marks and the Protocol relating thereto – ie, the “Madrid Pro - tocol”. Under the Protocol, a trade mark owner can submit one international application and one set of fees to seek protection of its mark in multiple Protocol member states. International registrations designating Singapore are subject to examination and opposition in a manner largely similar to domestic applications.
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