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Trade Marks Journal No. 013/2012<br />

Page No. xv<br />

Validity of Priority Claims<br />

Under Section 10 of the Trade Marks Act 1999, a person may claim a right of priority for the<br />

registration of a trade mark from the date on which a corresponding application was filed in<br />

a "Convention country" ("Convention application") if the application for the registration of the<br />

trade mark is filed within 6 months after the date on which the Convention application is<br />

made. A "Convention country" refers to a country or territory, other than Singapore, which is<br />

a party to the Paris Convention or a member of the World Trade Organisation. For the<br />

purpose of assessing the validity of a priority claim, IPOS will assess whether the<br />

"Convention application" was filed in a relevant country which has already become a<br />

Convention country as at the date of the filing of the Convention application in the<br />

Convention country.<br />

For example,<br />

Trademark application filed in country A on 3 Oct 2001.<br />

Country A became a member of the Paris Convention or WTO on 2 Jan 2002.<br />

Trademark application filed in SG = 3 Feb 2002 (claims priority of earlier application in<br />

country A).<br />

Question: Is the claim to priority (application filed in country A) in the Singapore<br />

application valid?<br />

Answer: No<br />

2004 Circulars<br />

(Application to Register a Change in Ownership (TM 22), Circular No. 13/2004, dated<br />

18 June 2004. This circular is replaced by Circular No. 3/2008, dated 1 February 2008)<br />

(Application to Register a Licensee (TM 37), Circular No. 13/2004, dated 18 June 2004.<br />

This circular is replaced by Circular No. 24/2007, dated 29 June 2007)<br />

(Marks published for opposition purposes, Circular No. 16/2004, dated 2 July 2004.<br />

This circular is replaced by Circular No. 8/2009, dated 3 July 2009).<br />

Applications for registration of sound marks (Circular No. 25/2004, dated 17 December<br />

2004)<br />

To assist the Registrar in the examination of applications for registration of sound marks,<br />

the Registrar may request the applicant to submit 2 copies of a CD-ROM recording of the<br />

sound mark sought for registration.

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