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Trade Marks Journal No. 013/2012 Page No. xix (a) (b) Convention country The definition of “Convention country” in section 2(1) is amended to provide that except in section 10 and paragraph 13 of the Third Schedule (claiming priority) “Convention country” includes Singapore. Examination of application for registration An application for registration will be treated as withdrawn if the applicant fails to respond to the Registrar’s queries or objections regarding the registrability of the trade mark within the period specified by the Registrar for doing so. The Rules, which are being amended to come into operation on 1 January 2006, will deal with restoration of applications which are treated as withdrawn and the conditions for such restoration. (c) Collective marks An application for registration of a collective mark will be treated as withdrawn if the applicant fails to file the regulations governing the use of the mark, pay the prescribed fee for lodging the regulations, or respond to the Registrar’s queries or objections regarding the registrability of the trade mark, within the period specified by the Registrar for doing so. The Rules, which are being amended to come into operation on 1 January 2006, will deal with restoration of applications which are treated as withdrawn and the conditions for such restoration. (d) Certification marks An application for registration of a certification mark will be treated as withdrawn if the applicant fails to file the regulations governing the use of the mark, pay the prescribed fee for lodging the regulations, or respond to the Registrar’s queries or objections regarding the registrability of the trade mark, within the period specified by the Registrar for doing so. The Rules, which are being amended to come into operation on 1 January 2006, will deal with restoration of applications which are treated as withdrawn and the conditions for such restoration.
Trade Marks Journal No. 013/2012 Page No. xx Trade Marks (Amendment) Rules 2005 Notification (Circular No. 27/2005, dated 30 December 2005) Trade Marks (International Registration) (Amendment) Rules 2005 Notification (Circular No. 27/2005, dated 30 December 2005) The above Notifications were gazetted on 28 December 2005 and it declared that the Trade Marks (Amendment) Rules 2005 and Trade Marks (International Registration) (Amendment) Rules 2005 would come into operation on 1 January 2006. Trade Marks (Amendment) Rules 2005 The following is a summary of some of the amendments in Trade Marks (Amendment) Rules 2005 which will come into force on 1 January 2006: (a) Rule 7 : Service of documents Non-fee bearing documents (except documents pertaining to hearings) may be sent to the Registry by facsimile transmission. However, each facsimile transmitted document must be legible and the responsibility for ensuring legibility rests with the sender. (b) Rule 9 : Address for service An address for service indicated on Form TM 19 and Form TM 24 is effective only for renewal maters and does not become the proprietor’s address for service for all other matters pertaining to that trade mark. (c) Rule 21 : Deficiencies in application The amendment clarifies the actions that will be taken by the Registry if minimum filing requirements are not met. (d) Rules 32, 33, 34 : Extension of time to file evidence by way of a statutory declaration in opposition/revocation/invalidation/rectification proceedings The second and subsequent requests for extension of time to file evidence by way of a statutory declaration in opposition/revocation/invalidation/rectification proceedings have to be made on Form TM 50, for which a fee will be imposed. (e) Rule 50 : Notice of renewal The Registrar’s notice to the proprietor informing him of the date of expiry of the trade mark registration will be sent to the proprietor’s address for service for renewal purposes, that is, the address for service indicated on Form TM 19 or Form TM 24, if one has been lodged, or if none, to the proprietor’s address for service. (f) Rule 77B : Restoration of applications treated as withdrawn Applications which are treated as withdrawn under the Act or Rules by reason that the applicant has failed to do any act on time may be restored by filing Form TM 40 with fee within three months from the date of the Registrar’s notice informing the applicant of that fact. (g) Removal of Forms TM 9, TM 14, TM 15 and TM 16 Forms TM 9, TM 14, TM 15 and TM 16 have been removed and Forms TM 4, TM 11, TM 12 and TM 13 respectively will be used in their place.
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