Trademark Bill Amendments - Singapore
Government of Singapore proposes a number of significant changes to its existing legislation. One of the key recofmmendations made in the Bill was the addition of a new Section 5A into the existing Trade Marks Act. The new section will provide an option to have the trademark application divided into two or more efficient registration process whereby applications in classes irrespective of objections or opposition can be registered. However, the right to divide applications does not allow the applicant to obtain protection in new classes has not been included in the original application. Renewal fees will be payable on a "per mark, per registration" basis.
Amendments have also been proposed to the existing Section 17(1) where a person may make a single application for the registration of a series of trade marks. By enabling multi-class registrations, the amendments to this section will make post-registration matters such as assignments and address changes more manageable and economical. Renewals for marks registered in multiple classes need be done only once for the renewal to be effective in all the classes for which the mark is registered. Further, a widening section of 41 will make it possible to register licenses against trademarks still awaiting registration.Provisions pertaining to filing of notices of registrable transactions with the Registry and the keeping of records of such notices by the Registrar are also included.
Under revisions to Section 108 of the Act, the Minister will have greater flexibility and will no longer have to consult the Intellectual Property Office of Singapore before making new rules. The Minister will be empowered to make new rules for the extension of time limits that have yet to expire and no reinstate matters that have gone past due dates. This will give applicants who have missed deadlines a second chance to sustain their rights.
The Bill received presidential assent on February 1, 2007 and is expected to come into force as the Trade Marks (Amendment) Act 2007.
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