Trade Marks Act

In this Act, unless the context otherwise requires —

“assignment” means assignment by act of the parties concerned;

“court” means the High Court;

“limitations” means any limitations of the exclusive right to the use of a trade mark given by the registration of a person as proprietor of the trade mark, including limitations of that right as to mode of use, or as to use in relation to —

“mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof;

“permitted use” has the meaning assigned to it by section 30(2);

“prescribed”, in relation to proceedings before the court or preliminary thereto or connected therewith, means prescribed by Rules of Court made under the Supreme Court of Judicature Act [Cap. 322] and in other cases, prescribed by this Act or in any rules made thereunder;

“provision”, in relation to services, means their provision for money or money’s worth;

“register” means the register of trade marks kept under the provisions of this Act;

“registered proprietor”, in relation to a trade mark, means the person for the time being entered in the register as proprietor of the trade mark;

“registered trade mark” means a trade mark which is actually upon the register;

“registered user” means a person who is for the time being registered as such under section 30;

“registrable trade mark” means a trade mark which is capable of registration under the provisions of this Act;

“Registrar” means the Registrar of Trade Marks and includes any Deputy Registrar of Trade Marks holding office under this Act;

“Registry” means the Registry of Trade Marks established under this Act;

“the expiration of the last registration”, in relation to a registered trade mark, means the date of expiration of the original registration of the trade mark or of the last renewal of registration, as the case may be;

“trade mark” means —

“transmission” means transmission by operation of law, devolution on the personal representatives of a deceased person, and any other mode of transfer not being an assignment.

References in this Act to —

For the purposes of this Act, goods and services are associated with each other if it is likely that those goods might be sold or otherwise traded in and those services might be provided by the same business, and a description of goods and a description of services are associated with each other if it is likely that the description of goods might be sold or otherwise traded in and the description of services might be provided by the same business.

References in this Act to a near resemblances of marks are references to a resemblance so near as to be likely to deceive or cause confusion.

For the purposes of this Act, there shall be an office which shall be known as the Registry of Trade Marks.

There shall be a Registrar of Trade Marks who shall have the chief control of the Registry of Trade Marks.

There shall be one or more Deputy Registrars of Trade Marks who shall, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act, other than the powers of the Registrar under subsection (5).

There shall be one or more Assistant Registrars of Trade Marks.

The Registrar may, in relation to a particular matter or class of matters, by writing under his hand, delegate all or any of his powers or functions under this Act (except this power of delegation) to an Assistant Registrar of Trade Marks so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.

A delegation under subsection (5) is revocable at will and no delegation prevents the exercise of a power or function by the Registrar or by any Deputy Registrar of Trade Marks.

The Registrar shall have a seal of such device as may be approved by the Minister.

Impressions of such seal shall be judicially noticed and admitted in evidence.

The Registrar and all other officers under this section shall be appointed by the Minister.

The Registrar shall for the purposes of this Act keep a record called the “register of trade marks” wherein shall be entered all registered trade marks, with the dates of their registration, the names, addresses and descriptions of their proprietors, notifications of assignments and transmissions, the names, addresses and descriptions of all registered users, disclaimers, conditions, limitations, and such other matters relating to such trade marks as may from time to time be prescribed.

The Registrar need not keep the register in documentary form.

The register shall at all convenient times be open to the inspection of the public, subject to such rules as may be prescribed.

In relation to any portion of the register kept otherwise than in documentary form, the right of inspection conferred by subsection (1) is a right to inspect the material on the register.

Any person who applies for a certified copy of an entry in the register or a certified extract from the register shall be entitled to obtain such a copy or extract on payment of the prescribed fee; and any person who applies for an uncertified copy or extract shall be entitled to such a copy or extract on payment of the prescribed fee.

In relation to any portion of the register kept otherwise than in documentary form, the right to a copy or extract conferred by subsection (3) is a right to a copy or extract in a form in which it can be taken away.

In this section, “certified copy” and “certified extract” mean a copy and extract certified by the Registrar and sealed with the seal of the Registrar.

In all proceedings before the court under this Act, the court may award to any party such costs as it may consider reasonable and the costs of the Registrar shall be in the discretion of the court, but the Registrar shall not be ordered to pay the costs of any other of the parties.

In all proceedings before the Registrar, the Registrar shall have power to award to any party such costs as he may consider reasonable, and to direct how and by what parties they are to be paid, and any such order may, by leave of the court or a judge thereof, be enforced in the same manner as a judgment or order of the court to the same effect.

Any application for the rectification of the register which, under section 16, 39 or 40, is to be made to the court may, at the option of the applicant, be made in the first instance to the Registrar:Provided that no such application shall be made otherwise than to the court where an action concerning the trade mark in question is pending.

The Registrar may, at any stage of the proceedings, refer any such application to the court or he may, after hearing the parties, determine the question between them, subject to appeal to the court.

In any proceedings for rectification of the register under this Act, the court or the Registrar shall, in addition to the other powers conferred by this Act, have power to direct a trade mark entered in Part A of the register to be removed to Part B of the register.

A trade mark shall be registered in respect of all or any of the goods or services comprised in a particular class of goods or services.

Any question arising as to the class within which any goods fall shall be determined by the Registrar, whose decision shall be final.

A trade mark (other than a certification trade mark) registrable in Part A of the register shall contain or consist of at least one of the following essential particulars:

For the purposes of this section, a trade mark is distinctive of the goods or services of a person if it is adapted to distinguish goods or services with which that person is or may be connected in the course of trade from goods or services in respect of which no such connection subsists, either generally or, where the trade mark is sought to be registered or is registered subject to conditions or limitations, in relation to use subject to those conditionss or limitations.

In determining whether a trade mark is adapted to distinguish as aforesaid, the Registrar or the court may have regard to the extent to which —

A trade mark is registrable in Part B of the register if it is capable, in relation to the goods or services in respect of which it is registered or sought to be registered, of distinguishing goods or services with which the proprietor of the trade mark is or may be connected in the course of trade from goods or services in respect of which no such connection subsists either generally or, where the trade mark is sought to be registered or is registered subject to conditions or limitations, in relation to use subject to those conditions or limitations.

In determining whether a trade mark is capable of distinguishing as aforesaid, the Registrar or the court may have regard to the extent to which —

A trade mark may be registered in Part B notwithstanding any registration in Part A in the name of the same proprietor of the same trade mark or any part or parts thereof.

Any person claiming to be the proprietor of a trade mark used or proposed to be used by him who is desirous of registering it shall apply in writing to the Registrar in the prescribed manner for registration in Part A or B of the register.

Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such conditions, amendments, modifications or limitations, as he may think right to impose.

In the case of a refusal or conditional acceptance of a trade mark, the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving at it, and the decision shall be subject to appeal to the court.

An appeal under this section shall be made in the prescribed manner, and on the appeal the court shall, if required, hear the applicant and the Registrar, and shall make an order determining whether, and subject to what conditions, amendments or modifications, if any, or to what limitations, if any, the application is to be accepted.

Appeals under this section shall be heard on the materials so stated by the Registrar to have been used by him in arriving at his decision, and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar, other than those stated by him, except by leave of the court. Where any further grounds of objection are taken, the applicant shall be entitled to withdraw his application without payment of costs on giving notice in the prescribed manner.

The Registrar or the court, as the case may be, may at any time, whether before or after acceptance, correct any error in or in connection with the application, or may permit the applicant to amend his application upon such terms as the Registrar or the court may think fit.

The Registrar may refuse any amendment of an application under this section if the amendment would substantially affect the identity of the trade mark as specified in the application before amendment.

An application for the registration of a trade mark in respect of any goods or services shall not be refused, nor shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trade mark —

The Registrar may, as a condition of the exercise of the power conferred by subsection (8) in favour of the applicant who relies on intention to assign to a corporation as aforesaid, require him to give security for the costs of any proceedings before him relative to any opposition, and in default of such security being given may treat the application as abandoned.

Where a trade mark is registered in respect of any goods or services under the power conferred by subsection (8) in the name of an applicant who relies on intention to assign to a corporation as aforesaid, then, unless within a period of 6 months the corporation has been registered as the proprietor of the trade mark in respect of those goods or services, the registration shall cease to have effect in respect thereof at the expiration of that period, and the Registrar shall amend the register accordingly.

Where the relations between two or more persons interested in a trade mark are such that no one of them is entitled as between himself and the other or others to use the trade mark except —

Subject to subsection (11), nothing in this Act authorises the registration of two or more persons who use a trade mark independently, or propose so to use it, as joint proprietors of the trade mark.

If a person who is a party to a proceeding under this Act (not being a proceeding in a court) dies pending the proceeding, the Registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the Registrar is of the opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest.

Every application under this Act shall be accompanied by such documents as may be required under the rules or by the Registrar.

It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous design.

Subject to this section, the registration of a trade mark shall not be deemed to have become invalid by reason only of any use after the date of the registration of a word or words which the trade mark contains, or of which it consists, as the name or description of an article, substance or service.

Subsection (3) shall have effect where —

Where the facts mentioned in subsection (2)(a) or (b) are proved with respect to any word or words, then —

For the purposes of any other legal proceedings relating to a trade mark —

No word which is the commonly used and accepted name of any single chemical element or single chemical compound, as distinguished from a mixture, shall be registered as trade mark used in relation to goods in respect of a chemical substance or preparation.

Subsection (5) shall not have effect in relation to a word which is used to denote only a brand or make of the element or compound as made by the proprietor or a registered user of the trade mark, as distinguished from the element or compound as made by others, and in association with a suitable name or description open to the public use.

Any person may, within the prescribed time from the date of the advertisement of an application for the registration of a trade mark, give notice to the Registrar of opposition to the registration.

The notice shall be given in writing in the prescribed manner, and shall include a statement of the grounds of opposition.

The Registrar shall send a copy of the notice to the applicant, and within the prescribed time after receipt of the notice the applicant shall send to the Registrar in the prescribed manner a counter-statement of the grounds on which he relies for his application, and if he does not do so, he shall be deemed to have abandoned his application.

If the applicant sends such a counter-statement, the Registrar shall furnish a copy thereof to the person giving notice of opposition, and shall after hearing the parties, if so required and considering the evidence, decide whether —

The decision of the Registrar shall be subject to appeal to the court.

An appeal under this section shall be made in the prescribed manner, and on the appeal the court shall, if required, hear the parties and the Registrar, and shall make an order determining whether, and subject to what conditions, if any, or what limitations, if any, registration is to be permitted.

On the hearing of any such appeal, any party may either in the manner prescribed or by special leave of the court bring forward further material for the consideration of the court.

On an appeal under this section, no further grounds of objection to the registration of a trade mark shall be allowed to be taken by the opponent or the Registrar other than those stated by the opponent as hereinbefore provided, except by leave of the court. Where any further grounds of objection are taken the applicant shall be entitled to withdraw his application without payment of the costs of the opponent on giving notice as prescribed.

In any appeal under this section, the court may, after hearing the Registrar, permit the trade mark proposed to be registered to be modified in any manner not substantially affecting the identity of the trade mark, but in such a case the trade mark as so modified shall be advertised in the prescribed manner before being registered.

If a person giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such a notice, or an appellant, neither resides nor carries on business in Singapore, the Registrar or the court may require him to give security for costs of the proceedings before him or it relative to the opposition or to the appeal, as the case may be, and in default of such security being duly given may treat the opposition or application, or the appeal, as the case may be, as abandoned.

An appeal shall lie from a decision of the court to the Court of Appeal.

When an application for registration of a trade mark in Part A or B of the register has been accepted and has not been opposed, and the time for opposition has expired, or having been opposed the opposition has been decided in favour of the applicant, the Registrar shall, subject to subsection (2), register the trade mark in Part A or B, as the case may be, and the trade mark when registered shall be registered as of the date of the application for registration and that date shall be deemed for the purposes of this Act to be the date of registration.

Where, after the acceptance of an application for registration of a trade mark but before the registration of the trade mark, the Registrar is satisfied —

Except as provided by section 25, no trade mark shall be registered in respect of any goods or description of goods that is identical with or nearly resembles a trade mark belonging to a different proprietor and already on the register in respect of —

Except as provided by section 25, no trade mark shall be registered in respect of any services or description of services that is identical with or nearly resembles a trade mark belonging to a different proprietor and already on the register in respect of —

Where a trade mark that is registered, or is the subject of an application for registration, in respect of any goods or services is identical with another trade mark that is registered, or is the subject of an application for registration, in the name of the same proprietor in respect of —

On application made in the prescribed manner by the registered proprietor of two or more associated trade marks, the Registrar may dissolve the association as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark were used by another person in relation to any of the goods or services in respect of which it is registered, and may amend the register accordingly.

Any decision of the Registrar under this section shall be subject to appeal to the court.

Where a person who claims to be the proprietor of several trade marks for the same goods of the same description within a single class, for the same services or for services of the same description within a single class, seeks to register those trade marks and the trade marks, although they resemble each other in material particulars, differ in respect of —

All the trade marks in a series of trade marks so registered shall be deemed to be, and shall be registered as, associated trade marks.

Subject to this section, a person other than the proprietor of a trade mark may be registered as a registered user thereof in respect of all or any of the goods or services in respect of which it is registered (otherwise than as a defensive trade mark) and either with or without conditions or restrictions.

The use of a trade mark by a registered user thereof in relation to goods or services with which he is connected in the course of trade and in respect of which for the time being the trade mark remains registered and he is registered as a registered user, being use such as to comply with any conditions or restrictions to which his registration is subject, is referred to in this Act as the “permitted use” thereof.

The permitted use of a trade mark shall be deemed to be used by the proprietor thereof, and shall be deemed not to be used by a person other than the proprietor, for the purposes of section 40 and for any other purpose for which such use is material under this Act or at common law.

Subject to any agreement subsisting between the parties, a registered user of a trade mark shall be entitled to call upon the proprietor thereof to take proceedings to prevent infringement thereof, and, if the proprietor refuses or neglects to do so within two months after being so called upon, the registered user may institute proceedings for infringement in his own name as if he were the proprietor, making the proprietor a defendant. A proprietor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.

Where it is proposed that a person should be registered as a registered user of a trade mark, the proprietor shall apply in writing to the Registrar in the prescribed manner and shall furnish the following particulars:

When the requirements of subsection (5) have been complied with, if the Registrar, after considering the information furnished to him under that subsection, is satisfied that in all the circumstances the use of the trade mark by the proposed registered user, subject to any conditions or restrictions which the Registrar thinks proper, would not be contrary to the public interest, the Registrar may register the proposed registered user as a registered user in respect of the goods or services as to which he is so satisfied subject as aforesaid.

The Registrar may refuse an application under this section if it appears to him that the grant thereof would tend to facilitate trafficking in a trade mark.

The proprietor of a trade mark shall maintain control over the use of the trade mark and the quality of the goods or services provided by the registered user.

Without prejudice to section 39, the registration of a person as a registered user —

The Registrar may at any time cancel the registration of a person as a registered user of a trade mark in respect of any goods or services in respect of which the trade mark is no longer registered.

Any decision of the Registrar under this section shall be subject to appeal to the court.

Nothing in this section shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof.

Where a trade mark has been removed from the register for non-payment of the prescribed fee, the Registrar may, within 12 months from the date of expiration of the registration of the trade mark, if satisfied that it is just to do so, restore the trade mark to the register, and renew the registration of the trade mark, either generally or subject to such conditions or limitations as he sees fit to impose, for a period of 10 years from the expiration of the last registration.

Section 78 shall not apply in relation to this section.

Where a trade mark has been removed from the register for non-payment of the fee for renewal, the trade mark shall nevertheless, for the purpose of an application for registration during one year next after the expiration of the last registration, be deemed to be a trade mark which is already registered.

Subsection (1) shall not have effect when the Registrar is satisfied either —

The Registrar may, on request made in the prescribed manner by the registered proprietor —

The Registrar may, on request made in the prescribed manner by a registered user of a trade mark, correct any error, or enter any change, in the name, address or description of the registered user.

Any decision of the Registrar under this section shall be subject to appeal to the court.

The registered proprietor of any trade mark may apply in the prescribed manner to the Registrar for leave to add to or alter the trade mark in any manner not substantially affecting the identity thereof, and the Registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit.

The Registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient to do so and, where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the Registrar in the prescribed manner of opposition to the application, the Registrar shall, after hearing the parties if so required, decide the matter.

Any decision of the Registrar under this section shall be subject to appeal to the court.

Where leave as aforesaid is granted, the trade mark as altered shall be advertised in the prescribed manner, unless it has already been advertised, in the form to which it has been altered, in an advertisement under subsection (2).

Subject to the provisions of this Act —

The power to rectify the register conferred by this section includes power to remove a registration in Part A of the register to Part B of the register.

On application by any person aggrieved to the court, or, at the option of the applicant and subject to section 61, to the Registrar, or on application by the Registrar to the court, the court or the Registrar, as the case may be, may make such order as the court or the Registrar thinks fit for expunging or varying the registration of a trade mark on the ground of any contravention of, or failure to observe, a condition entered on the register in relation thereto.

Subject to section 41, a registered trade mark may be taken off the register in respect of any of the goods or services in respect of which it is registered on application by any person aggrieved to the court, on the ground either —

Where in relation to any goods in respect of which a trade mark is registered —

Where in relation to any services in respect of which a trade mark is registered —

An applicant shall not be entitled to rely for the purposes of subsection (1)(b), (2) or (2A), on any non-use of a trade mark which is shown to have been due to special circumstances in the trade and not to any intention not to use or to abandon the trade mark in relation to the goods or services to which the application relates.

Where a trade mark consisting of an invented word or invented words has become so well known as respects any goods in respect of which it is registered and in relation to which it has been used that the use thereof in relation to other goods would be likely to be taken as indicating a connection in the course of trade between those goods and a person entitled to use the trade mark in relation to the first-mentioned goods, then, notwithstanding that the proprietor registered in respect of the first-mentioned goods does not use or propose to use the trade mark in relation to those other goods and notwithstanding anything in the last foregoing section, the trade mark may, on the application in the prescribed manner of the proprietor registered in respect of the first-mentioned goods, be registered in his name in respect of those other goods as a defensive trade mark and, while so registered, shall not be liable to be taken off the register in respect of those goods under section 40.

The registered proprietor of a trade mark may apply for the registration thereof in respect of any goods as a defensive trade mark notwithstanding that it is already registered in his name in respect of those goods otherwise than as a defensive trade mark, or may apply for the registration thereof in respect of any goods otherwise than as a defensive trade mark notwithstanding that it is already registered in his name in respect of those goods as a defensive trade mark, in lieu in each case of the existing registration.

A trade mark registered as a defensive trade mark and that trade mark as otherwise registered in the name of the same proprietor shall, notwithstanding that the respective registrations are in respect of different goods, be deemed to be, and shall be registered as, associated trade marks.

On application by any person aggrieved to the court, the registration of a trade mark as a defensive trade mark may be cancelled on the ground that the requirements of subsection (1) are no longer satisfied in respect of any goods in respect of which the trade mark is registered in the name of the same proprietor otherwise than as a defensive trade mark, or may be cancelled as respects any goods in respect of which it is registered as a defensive trade mark on the ground that there is no longer any likelihood that the use of the trade mark in relation to those goods would be taken as giving the indication mentioned in subsection (1).

The Registrar may at any time cancel the registration as a defensive trade mark of a trade mark of which there is no longer any registration in the name of the same proprietor otherwise than as a defensive trade mark.

Except as otherwise expressly provided in this section, the provisions of this Act apply in respect of the registration of trade marks as defensive trade marks and of trade marks so registered as they apply in other cases.

Notwithstanding any rule of law or equity to the contrary, a registered trade mark shall be, and shall be deemed always to have been, assignable and transmissible either in connection with the goodwill of a business or not.

A registered trade mark shall be, and shall be deemed always to have been, assignable and transmissible in respect either of all the goods or services in respect of which it is registered, or was registered, as the case may be, or of some (but not all) of those goods or services.

Subsections (1) and (2) shall have effect in the case of an unregistered trade mark used in relation to any goods or services as they have effect in the case of a registered trade mark registered in respect of any goods or services, if at the time of the assignment or transmission of the unregistered trade mark it is or was used in the same business as a registered trade mark, and if it is or was assigned or transmitted at the same time and to the same person as that registered trade mark and in respect of goods or services all of which are goods or services in relation to which the unregistered trade mark is or was used in that business and in respect of which that registered trade mark is or was assigned or transmitted.

Notwithstanding anything in subsections (1) , (2) and (3), a trade mark shall not be, or be deemed to have been, assignable or transmissible in a case in which, as a result of an assignment or transmission, there would in the circumstances subsist, or have subsisted, whether under the common law or by registration, exclusive rights in more than one of the persons concerned to the use, in relation to —

The proprietor of a registered trade mark who proposes to assign it in respect of any goods or services in respect of which it is registered may submit to the Registrar in the prescribed manner a statement of case setting out the circumstances, and the Registrar may issue to him a certificate stating whether, having regard to the similarity of the goods or services or the association of the goods and services or descriptions of goods and services and to the similarity of the trade marks referred to in the case, the proposed assignment of the first-mentioned trade mark would or would not be invalid under subsection (4), and a certificate so issued shall, subject to this section as to appeal and unless it is shown that the certificate was obtained by fraud or misrepresentation, be conclusive as to the validity or invalidity under subsection (4) of the assignment in so far as such validity or invalidity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if application for the registration under section 43 of the title of the person becoming entitled is made within 6 months from the date on which the certificate is issued.

Notwithstanding anything in subsections (1), (2) and (3), a trade mark shall not be assignable or transmissible in a case in which as a result of an assignment or transmission thereof there would in the circumstances subsist, whether under the common law or by registration —

(Deleted by Act 7/91).

Any decision of the Registrar under this section shall be subject to appeal to the court.

Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall make application to the Registrar to register his title, and the Registrar shall, on receipt of the application and on proof of title to his satisfaction, register him as the proprietor of the trade mark in respect of the goods or services in respect of which the assignment or transmission has effect, and shall cause particulars of the assignment or transmission to be entered on the register. Any decision of the Registrar under this section shall be subject to appeal to the court.

Except in cases of appeals under this section and applications made under section 39, a document or instrument in respect of which no entry has been made in the register in accordance with subsection (1) shall not be admitted in evidence in any court in proof of the title to a trade mark unless the court otherwise directs.

Subject to this section, and sections 48 and 52, the registration of a person in Part A of the register as proprietor of a trade mark (other than a certification trade mark) shall, if valid, give or be deemed to have given to that person the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and, without prejudice to the generality of the foregoing words, that right shall be deemed to be infringed by any person who, not being the proprietor of the trade mark or a registered user thereof using by way of the permitted use, uses in the course of trade a mark identical with or nearly resembling it in relation to any goods or services in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken either —

The right to the use of a trade mark given by registration as aforesaid shall be subject to any conditions or limitations entered on the register, and shall not be deemed to be infringed by the use of the trade mark in any manner in relation to goods to be sold or otherwise traded in, in a place, in relation to goods to be exported to a market, in relation to services for use or available for acceptance in a place, or in any other circumstances, to which, having regard to those conditions or limitations, the registration does not extend.

The right to the use of a trade mark given by registration as aforesaid shall not be deemed to be infringed by the use of the trade mark as aforesaid by any person —

The use of a registered trade mark, being one of two or more registered trade marks which are identical or nearly resemble each other, in exercise of the right to the use of that trade mark given by registration as aforesaid, shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks.

Except as provided by subsection (2), the registration of a person in Part B of the register as proprietor of a trade mark shall, if valid, give or be deemed to have given to that person the like right as if the registration had been in Part A of the register, and section 45 shall have effect in like manner in relation to a trade mark registered in Part B of the register as it has effect in relation to a trade mark registered in Part A of the register.

In any action for infringement of the right to the use of a trade mark given by registration as aforesaid in Part B of the register, no injunction or other relief shall be granted to the plaintiff if the defendant establishes to the satisfaction of the court that the use of which the plaintiff complains is not likely to deceive or cause confusion or to be taken as indicating a connection in the course of trade between the goods or services and some person having the right either as proprietor or as registered user to use the trade mark.

In all legal proceedings relating to a trade mark registered under this Act in Part A of the register (including applications under section 39) the original registration in Part A of the register of the trade mark shall after the expiration of 7 years from the date of the original registration be taken to be valid in all respects unless the original registration was obtained by fraud or unless the trade mark offends against section 15:Provided that nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods or services in relation to which that person or a predecessor in title of his has continuously used that trade mark from a date anterior —

The reference in the proviso to subsection (1) to the use of a trade mark by a person’s predecessor in title shall, as respects use in relation to sevices before 1st March 1991, be construed as references to use by any predecessor of his in business.

Nothing in section 46(1) shall be construed as making applicable to a trade mark registered in Part B of the register subsection (1) relating to a trade mark registered in Part A of the register.

Where, by a contract in writing made with the proprietor or a registered user of a registered trade mark in respect of goods, a purchaser or owner of goods enters into an obligation to the effect that he will not do, in relation to the goods, an act to which this section applies, any person who, being the owner for the time being of the goods and having notice of the obligation, does that act, or authorises it to be done, in relation to the goods in the course of trade or with a view to any dealing therewith in the course of trade, shall be deemed thereby to infringe the right to the use of the trade mark given by the registration thereof, unless that person became the owner of the goods by purchase for money or money’s worth in good faith before receiving notice of the obligation or by virtue of a title derived through another who so became the owner thereof.

The acts to which this section applies are —

Section 46(2) shall not apply to an act that is deemed by virtue of this section to be an infringement of a trade mark registered in Part B of the register.

In this section, references in relation to any goods to the proprietor, to a registered user, and to the registration, of a trade mark shall be construed, respectively, as references to the proprietor in whose name the trade mark is registered, to a registered user who is registered, and to the registration of the trade mark, in respect of those goods, and the expression “upon” includes in relation to any goods a reference to physical relation thereto.

The power to give to a person who proposes to apply for the registration of a trade mark in Part A or Part B of the register advice as to whether the trade mark appears to the Registrar prima facie to be inherently adapted to distinguish, or capable of distinguishing, as the case may be, shall be a function of the Registrar under this Act.

Any such person who is desirous of obtaining such advice shall make application to the Registrar therefor in the prescribed manner.

If on an application for the registration of a trade mark as to which the Registrar has given advice as aforesaid in the affirmative, made within 3 months after the advice is given, the Registrar, after further investigation or consideration, gives notice to the applicant of objection on the ground that the trade mark is not adapted to distinguish, or capable of distinguishing, as the case may be, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application.

Subject to the provisions of this Act, the Minister may make such rules, prescribe such forms, and generally do such things as he may consider expedient —