On 2 January 2025, the Intellectual Property Office of Singapore (“IPOS“) will launch a pilot for an Expedited Track for trade mark disputes proceedings before the Registrar of Trade Marks (“Registrar“). It will be offered to a maximum of eight cases filed in 2025. Depending on the take up, IPOS may increase the number in 2026.
The key aspect of the Expedited Track are as follows:
- What is the Expedited Track? The Expedited Track entails: (i) deadlines and turnaround times that are shorter than usual; (ii) limits on the length of evidence and written submissions; and (iii) a determination on the papers (with no hearing) by default.
- Who can apply? Parties to proceedings filed on or after 2 January 2025 before the Registrar can apply for the Expedited Track. Both parties must agree to the proceedings being placed on the Expedited Track.
- When is a matter placed on the Expedited Track? A matter is placed on the Expedited Track when, after the parties’ request, the Registrar assesses that this is suitable and confirms this either orally at the case management conference or in writing. Presently, there is no further guidance available on the nature of cases which might be deemed as “suitable”. However, these can be expected to be relatively simpler and more straightforward cases, where the amount of evidence to be adduced as well as the time required can be limited without any substantial impact or prejudice on the parties.
- What are the expected deadlines and turnaround times? Parties can expect to receive the grounds of decision around nine months from the time a case is placed on the Expedited Track (around 10 months in exceptional cases where an oral hearing is allowed). Currently, the estimated timeline for straightforward trade mark proceedings (i.e. opposition, invalidation or revocation of a trade mark) would typically range between 12 to 24 months, and even longer where complex cases, appeals or extensions of time are involved.
- What are the limits on evidence and written submissions? The page limits on evidence and written submissions (including exhibits) under the Expedited Track are as follows:
- Initiator’s evidence: 150 pages
- Respondent’s evidence: 150 pages
- Initiator’s evidence in reply: 50 pages
- Written submissions: 25 pages
IPOS has also set out a survey for feedback on the Expedited Track, which may be accessed here. This will help decide whether the Expedited Track should become a permanent feature and whether any changes should be made.
Click on the following link for more information:
- Q&As for the Expedited Track for Proceedings Before the Registrar of Trade Marks (available on the IPOS website at ipos.gov.sg)
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