Transitional and Saving Provisions under Trademarks Act 2019

We are pleased to announce that the long-awaited Trademarks Act 2019 has finally came into force on 27 December 2019.

We would like to highlight certain salient transitional and saving provisions under the new Act that you may wish to take note:

• “Existing registered mark” are defined as marks registered under the repealed 1976 Act, before commencement of this Act.
• An application shall be treated as pending if it was made but not finally determined before commencement of this Act and shall be dealt with under the 1976 Act.
• Existing registered marks can be divided and merged under this Act.
• This Act applies to infringement of an existing registered mark committed after the commencement of the Act.
• Applicants may apply, within two months, to have the registrability of their marks determined according to this Act if the pending applications have not been examined under the 1976 Act when the new Act commences.
• Applications filed under the 1976 Act to record assignments and registered user but still pending before the Registrar on the commencement of this Act shall proceed under this Act. Registrar may require an amendment to conform to the new requirements.
• The renewal fee under this Act shall be applicable, regardless whether a fee has been paid before commencement of this Act.

We will know more about the mechanics of these provisions as the Regulations, guidelines and practice directions roll in. In the meantime, we would take this opportunity to wish you a Happy & Wonderful 2020.