The Singapore Treaty on the Law of Trademarks

KievMarch 152011

Noëlle MoutoutAssistant Legal Officer

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

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SignatureArticle 8 – Rule 6

Communications on paper- shall accept a handwritten signature

- may permit other forms: printed, stamped, seal or bar-coded label

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

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)

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Signature

No attestation, notarization, authentication, legalization or certification

Exception: surrender of a registration, if provided by the law

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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]

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Requests for recordal of changesCommon features

List of indications and elementsSpecific elements relating to each type of requestProhibition of other requirementsEvidence in case of doubtUse of the MIF

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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

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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

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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

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Correction of a mistake – Article 12

In respect of a registration or applicationRequested by holder / applicant or representativeSingle request sufficient for several documents if identical mistake

Evidence if Office suspects a disguised changeMistake attributable to the Office: corrected ex officioNo obligation if not admitted by law

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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

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Model International Forms (MIF)

Maximum requirements that a CP may provide forDoes not affect Office requirements concerning means of transmittal, language, signature on paper, etc.“individualized” forms, provided that there are no additional requirements”

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Model International Forms

1. Application2. Power of Attorney3. Request for recordal of change in name or address4. Request for recordal of change in ownership 5. Transfer

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Model International Forms

6. Transfer document7. Request for correction of a mistake8. Request for renewal9. Request for recordal of license10. Statement of license11. Statement of amendment of license 12. Statement of cancellation of license

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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

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Thank younoelle.moutout@wipo.int