SINGAPORE Law and Practice Contributed by: Yvonne Tang, Lim Siau Wen and Ruby Tham, Drew & Napier LLC
In addition to the above, any person having a sufficient interest may apply to the Registrar or the General Division of the High Court for the rectification of an error or omission in the reg - ister. 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/ services; • 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 relat - ing 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 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 If the applicant fails to respond, the application will be treated as withdrawn. 4.11 The Madrid System Singapore is a signatory to the Madrid Agree - ment Concerning the International Registration
of Marks – ie, the “Madrid Protocol”. 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 desig - nating Singapore are subject to examination and opposition in a manner largely similar to domes - tic applications. 5. Trade Mark Procedure for Inter Partes Proceedings 5.1 Timeframes for Filing an Opposition or Cancellation A third party has two months upon publication of a trade mark application to oppose the regis - tration of the mark. A one-time extension of two months may be sought by filing a request with the Registry. There is no cooling-off period for parties to reach an amicable resolution. There is no limitation period for filing trade mark revocation actions. The earliest possible date to seek revocation for non-use is five years after the date of completion of the registration pro - cedure. In contrast, an application for invalidity relying on an earlier mark cannot be brought if the ear - lier proprietor has acquiesced in the knowledge of use of the later mark for a continuous five years. An invalidation action relying on an earlier geographical indication for a wine or spirit or a well-known mark cannot be filed after five years from the date of completion of the later mark’s registration procedure. These limitations, how - ever, do not apply where the later mark was filed in bad faith.
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