SINGAPORE Law and Practice Contributed by: Yvonne Tang, Lim Siau Wen and Ruby Tham, Drew & Napier LLC
covering identical/similar goods or services (if there is double identity, see the ground above instead); • it contravenes the protection given to well- known marks in Singapore under the Trade Marks Act; or • its use is liable to be prevented by the law of passing off or some other earlier right such as copyright. The Registrar will consider the existence of pri - or rights during examination. They must raise an objection if they consider there to be con - flicting prior rights. The applicant will have an opportunity to respond within four months of the Registrar’s examination 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 If the applicant fails to respond, the application will be treated as withdrawn. In practice, most objections citing prior rights are based on earlier marks in the register. To overcome such an objection, an applicant can lodge a letter from the owner of the earlier mark consenting to registration. In general, the con - sent letter must provide unequivocal consent and clearly state the particulars of the trade mark application, including the goods/services to which consent is given. The Registrar may decide if 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 cor - rect the following in respect of its application,
and only where the amendment does not sub- stantially affect the identity of the trade mark or extend the goods/services covered by the appli - cation: • 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 sepa - rate applications. This is typically done where a Registry objection or an opposition lies against some but not all of its goods/services. Upon divi - sion, 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 declara - tion 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 pend - ing applications for registration have been cov - ered in 4.7 Revocation, Change, Amendment or Correction of an Application . For an error or mistake in any filing other than an application for registration, a request can be made to the Registrar for amendment. The Reg - istrar 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 rea - sonable to do so.
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