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The Singapore Treaty on the Law of Trademarks

The Singapore Treaty on the Law of Trademarks. Kiev March 15 2011. Noëlle Moutout Assistant Legal Officer. The Singapore Treaty. Representation – Article 4 Free to provide for obligatory representation Allowed to require that the representative be entitled to practice before the Office

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The Singapore Treaty on the Law of Trademarks

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  1. The Singapore Treaty on the Law of Trademarks Kiev March 15 2011 Noëlle Moutout Assistant Legal Officer

  2. The Singapore Treaty Representation – Article 4 • Free to provide for obligatory representation • Allowed to require that the representative be entitled to practice before the Office • Power may relate to one or more applications or registrations [Rule 4] • Power accepted after presentation of the communication, at least - 1 month for national applicant - 2 months if outside the territory

  3. The Singapore Treaty Signature Article 8 – Rule 6 • Communications on paper - shall accept a handwritten signature - may permit other forms: printed, stamped, seal or bar-coded label

  4. The Singapore Treaty Signature • Communication filed by electronic means - reproduction of the signature as appearing on the communication - may require the original within at least one month from the transmittal

  5. The Singapore Treaty Signature • Electronic communications • Freedom to require electronic authentication (key and lock) • Person authorized to sign the communication • Freedom to require indication of the date of signature (Rule 6)

  6. The Singapore Treaty Signature • No attestation, notarization, authentication, legalization or certification • Exception: surrender of a registration, if provided by the law

  7. The Singapore Treaty Requests for recordal of changes/amendments Renewal • Names or addresses [Article 10] • Ownership [Article 11] • Correction of a mistake [Article 12] • Renewal of registration [Article 13]

  8. The Singapore Treaty Requests for recordal of changes Common features • List of indications and elements • Specific elements relating to each type of request • Prohibition of other requirements • Evidence in case of doubt • Use of the MIF

  9. The Singapore Treaty Change of ownership – Article 11 • Communication signed by the holder or the new owner or their representative • Change resulting from a contract: - (certified) copy of the contract - (certified) extract of the contract - certificate of transfer signed by both parties - transfer document signed by both parties • CP chooses between them

  10. The Singapore Treaty Change of ownership • Change resulting from a merger: - document = evidence of the merger – from competent authority - ex: extract from a register of commerce (certified: in conformity with the original) • Change for other reasons (law, court decision): - indication of that fact - (certified) document evidencing the change

  11. The Singapore Treaty Change of ownership • Only procedures before the Office: not before fiscal authorities or a registry of companies • “new owner” = not yet recorded on the register of marks at the tile of request • Does not deal with question of validity of transfer: national law

  12. The Singapore Treaty Correction of a mistake – Article 12 • In respect of a registration or application • Requested by holder / applicant or representative • Single request sufficient for several documents if identical mistake • Evidence if Office suspects a disguised change • Mistake attributable to the Office: corrected ex officio • No obligation if not admitted by law

  13. The Singapore Treaty Renewal – Article 13 • Maximum list of requirements (freedom to require fewer indications) • Implicit renewal accepted • Filing date or registration date => initial duration • Limitation of the list of G/S may be allowed • Fees can be requested • No new representation – No examination as to substance • Initial period and each period: 10 years

  14. The Singapore Treaty Model International Forms (MIF) • Maximum requirements that a CP may provide for • Does not affect Office requirements concerning means of transmittal, language, signature on paper, etc. • “individualized” forms, provided that there are no additional requirements”

  15. The Singapore Treaty Model International Forms 1. Application 2. Power of Attorney 3. Request for recordal of change in name or address 4. Request for recordal of change in ownership 5. Transfer

  16. The Singapore Treaty Model International Forms 6. Transfer document 7. Request for correction of a mistake 8. Request for renewal 9. Request for recordal of license 10. Statement of license 11. Statement of amendment of license 12. Statement of cancellation of license

  17. The Singapore Treaty Model International Forms • A Contracting Party should accept an application or request presented on a format corresponding to one of the MIF, if language requirement is met

  18. Thank you noelle.moutout@wipo.int

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