Select Country

Select a country to view information on local trademark law

A-E  F-J  K-O  P-T  U-Z

Multinational Agreements
Enter Client Voucher:  info
for Free

Get Listed

Promote your expertise to IP professionals worldwide.
read more

Subscribe to Free Newsletter

To keep updated on the latest amendments to international trademark laws click here

Amendments to Trademark Laws

Print this page
Aug 03, 2011 (Newsletter Issue 10/11)
Show Country Survey

Revocation Process Changed

The Intellectual Property Office of Singapore (“IPOS”) amended the Trade Mark Rules for revocation actions filed on the ground of non-use. In the past, the registered proprietor’s evidence of use filed with the counter-statement has been accepted without the need for such evidence to be sworn.
Pursuant to Rule 69(1) of the Singapore Trade Mark Rules it is now required that “evidence shall be given by way of a statutory declaration unless otherwise provided by the Act of these Rules or directed by the Registrar”. This applies all inter partes proceedings including revocation actions.
This means that if a proprietor intends to defend his trade mark registration against revocation for non-use, he needs to file evidence of use by way of a statutory declaration together with his counter-statement. He is only required to show that he has an arguable case with prima facie evidence such as brochures and sales receipts. The evidence does not have to comprise the proprietor’s entire defence in relation to use as more detailed evidence, can be filed during the course of the proceedings. Alternatively, if a proprietor intends to defend his trade mark registration by giving proper reasons for non-use, he would only be expected to give these reasons in his counter-statement without a supporting statutory declaration.

If evidence is not filed in accordance with the Rules, the application for revocation will be granted and the registered proprietor’s trade mark registration will be revoked. As the Registrar has accepted counter-statements without sworn evidence under past practice, there will be a grace period from 1 May 2011 to 31 October 2011 for proprietors to re-file their evidence by way of a statutory declaration. After this grace period, the Registrar will grant the application for revocation if no evidence by way of a statutory declaration is filed with the counter-statement.

Source: hslegal LLP, Singapore