Regulations under the Singapore Treaty on the Law of Trademarks

 
 

LIST OF RULES

Rule 1: Abbreviated Expressions

Rule 2: Manner of Indicating Names and Addresses

Rule 3: Details Concerning the Application

Rule 4: Details Concerning Representation and Address for Service

Rule 5: Details Concerning the Filing Date

Rule 6: Details Concerning Communications

Rule 7: Manner of Identification of an Application Without Its Application Number

Rule 8: Details Concerning Duration and Renewal

Rule 9: Relief Measures in Case of Failure to Comply with Time Limits

Rule 10: Requirements Concerning the Request for Recordal of a License or for Amendment or Cancellation of the Recordal of a License
 
 

 

Rule 1
Abbreviated Expressions

 

(1) [Abbreviated Expressions Defined in the Regulations] For the purposes of these Regulations, unless expressly stated otherwise:

(i) "Treaty" means the Singapore Treaty on the Law of Trademarks;

(ii) "Article" refers to the specified Article of the Treaty;

(iii) "exclusive license" means a license which is only granted to one licensee and which excludes the holder from using the mark and from granting licenses to any other person;

(iv) "sole license" means a license which is only granted to one licensee and which excludes the holder from granting licenses to any other person but does not exclude the holder from using the mark;

(v) "non-exclusive license" means a license which does not exclude the holder from using the mark or from granting licenses to any other person.

(2) [Abbreviated Expressions Defined in the Treaty] The abbreviated expressions defined in Article 1 for the purposes of the Treaty shall have the same meaning for the purposes of these Regulations.

 

Rule 2
Manner of Indicating Names and Addresses

 

(1) [Names]

(a) Where the name of a person is to be indicated, any Contracting Party may require,

(i) where the person is a natural person, that the name to be indicated be the family or principal name and the given or secondary name or names of that person or that the name to be indicated be, at that person’s option, the name or names customarily used by the said person;

(ii) where the person is a legal entity, that the name to be indicated be the full official designation of the legal entity.

(b) Where the name of a representative which is a firm or partnership is to be indicated, any Contracting Party shall accept as indication of the name the indication that the firm or partnership customarily uses.

(2) [Addresses]

(a) Where the address of a person is to be indicated, any Contracting Party may require that the address be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address and, in any case, consist of all the relevant administrative units up to, and including, the house or building number, if any.

(b) Where a communication to the Office of a Contracting Party is in the name of two or more persons with different addresses, that Contracting Party may require that such communication indicate a single address as the address for correspondence.

(c) The indication of an address may contain a telephone number, a telefacsimile number and an e-mail address and, for the purposes of correspondence, an address different from the address indicated under subparagraph (a).

(d) Subparagraphs (a) and (c) shall apply, mutatis mutandis, to addresses for service.

(3) [Other Means of Identification] Any Contracting Party may require that a communication to the Office indicate the number or other means of identification, if any, with which the applicant, holder, representative or interested person is registered with its Office. No Contracting Party may refuse a communication on grounds of failure to comply with any such requirement, except for applications filed in electronic form.

(4) [Script to Be Used] Any Contracting Party may require that any indication referred to in paragraphs (1) to (3) be in the script used by the Office.

 

Rule 3
Details Concerning the Application

 

(1) [Standard Characters] Where the Office of a Contracting Party uses characters (letters and numbers) that it considers as being standard, and where the application contains a statement to the effect that the applicant wishes that the mark be registered and published in the standard characters used by the Office, the Office shall register and publish that mark in such standard characters.

(2) [Mark Claiming Color] Where the application contains a statement to the effect that the applicant wishes to claim color as a distinctive feature of the mark, the Office may require that the application indicate the name or code of the color or colors claimed and an indication, in respect of each color, of the principal parts of the mark which are in that color.