[su_spoiler title="Toggle" style="fancy" open="yes"]According to s 2(1) of the Singapore Trade Marks Act (Cap 332), a 'trade mark' is:

Any 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 a person from goods or services so dealt with or provided by another person.[/su_spoiler]

[su_spoiler title="Toggle" style="fancy" open="yes"]Section 7(1) of the Act prohibits the registration of trademarks that are:

1. (1) Devoid of any distinctive character;
2. (2) Descriptive of the goods and services for which the trademark is to cover; or
3. (3) Customary in trade or generic.[/su_spoiler]

[su_spoiler title="Toggle" style="fancy" open="yes"]Section 8 of the Act prohibits the registration of the trademarks where there is:

(1) An existing identical trademark that covers identical goods/services;

(2) An existing identical or similar trademark that covers identical or similar goods/services and where a likelihood of confusion exists; or

(3) An existing identical or similar well-known trademark where:

1. (a) use of the proposed trademark would indicate a connection with the goods/services of the earlier trademark;
2. (b) there exists a likelihood of confusion; and
3. (c) the interests of the owner of the earlier trademark is likely to be damaged.

(4) An existing identical or similar trademark that is well-known to the public at large where:

1. (a) use of the proposed trademark would indicate a connection with the goods/services of the earlier trademark; and
2. (b) use of the proposed trademark:
   1. (i) would cause dilution in an unfair manner of the distinctive character of the earlier trade mark; or
   2. (ii) would take unfair advantage of the distinctive character of the earlier trade mark.[/su_spoiler]

[su_spoiler title="Toggle" style="fancy" open="yes"]Section 27 of the Act states that a trademark is infringed where another trademark that satisfies any one of the criteria as set out in s 8 of the Act (reproduced above) is used without the consent of the original trademark owner.[/su_spoiler]

[su_spoiler title="Toggle" style="fancy" open="yes"]Section 31 of the Act provides that where there is a trademark infringement, the owner my claim:

1. (1) an injunction;
2. (2) damages;
3. (3) an account of profits; and
4. (4) statutory damages.[/su_spoiler]