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Trade Marks Journal No. 040/2010
Page No. lxv
Completion of Form TM 28 (HMD Circular No. 2/2009, dated 20 November 2009)
Form TM 28 is used for 3 different types of proceedings:-
(i)
(ii)
(iii)
Application for revocation of registration of a trade mark (Rule 57(1)(a) of the
Trade Marks Rules 2008 Rev. Ed. (TMR));
Application for declaration of invalidity of registration of a trade mark (Rule
57(1)(b) of the TMR); and
Application for rectification of the register by persons other than the proprietor of
the trade mark (Rule 57(1A)(b).
Thus, when completing the form, please ensure that: -
(i)
(ii)
the correct information is provided in Form TM 28 pursuant to the particular type
of proceedings for which the Form TM 28 is filed; and
the statement of grounds provided under Part 5 of Form TM 28 is worded
consistently in accordance with the type of proceedings pursued under TM 28 ie
application for revocation / declaration of invalidity / rectification of the register, as
applicable.
In the event of any inconsistencies between the statement of grounds and the type of
proceedings indicated, the applicant would generally be directed to re-file Form TM 28 with
a clear indication as to the type of proceedings pursued, unless there are exceptional
reasons for the Registrar to exercise her discretion to waive the need for such correction.
The earlier application will be treated as withdrawn and the application date will be the later
filing date. Fees paid are non-refundable as the need to re-file is attributable to the
applicant or his agents.
Filing of Form TM 11 by Joint-Opponents (HMD Circular No. 3/2009, dated 20 November
2009)
Under the provisions relating to oppositions in the Trade Marks Act (Cap 332) 2005 Rev. Ed.
and Trade Marks Rules 2008 Rev. Ed., there is no prohibition against joint-opponents
opposing a trade mark application.
In such an instance, it is sufficient for the purposes of the opposition that one Form TM 11
be filed. To reflect that there are joint-opponents opposing the registration of a particular
trade mark, the opponents simply need to indicate, at Part 3 of TM 11, the particulars of the
different opponents opposing such a registration.
The fees which are chargeable for TM 11 will depend upon the number of classes included
in TM 11.
Similarly, in such circumstances, for the purpose of lodging evidence via statutory
declarations (this will occur at a later stage in an opposition proceeding), the jointopponents
need to file only one set of evidence via statutory declarations provided that it is
clear from each statutory declaration that the deponent has been duly authorized by all the
joint-opponents to give such evidence on their behalf.