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ARTICLE · 22 DECEMBER 1999

New Singapore Trade Marks Act Enters Into Force

MalaysiaMedia, Telecoms, IT, Entertainment

By Neville Young & Tham Sau Yin

INTRODUCTION

The new Singapore Trade Marks Act 1998 ("the new Act") came into operation on 15th January 1999. Many sections of the new Act are very similar to those of the UK Trade Marks Act 1994.

The following is a summary of some of the important changes introduced by the new Act and Rules:

DEFINITION OF A REGISTRABLE TRADEMARK

A trade mark is defined as any visually perceptible sign capable of being represented graphically, and which is capable of distinguishing goods or services dealt with or provided in the course of trade by one person from goods or services so dealt with or provided by any other person. A "sign" includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or any combination thereof. Thus the definition of a "trade mark" has been broadened to now include shape, colour and aspect of packaging. As the mark must be "visually perceptible", it would appear that

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