[1012]

12. Statement of claim for infringement of registered

trade mark for goods by use of an identical mark or
sign upon or in relation to identical goods: general
form1
IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE
Suit No. ____ of ______2
Between
[name of plaintiff]
(UEN No. [
]/ NRIC No. [

])
___ Plaintiff

And
FORMTEXT [name of defendant]
(UEN No. [
] / NRIC No. [
])
___ Defendant
STATEMENT OF CLAIM3
[Either:
1.

The Plaintiff is and at all material times was the registered

proprietor of the Trade Mark) X, registered under No. ___
in Class ___ in respect of [eg, cameras (set out full
specification of goods)] as of (date of registration or
protection).4 A true copy of the registration certificate is
annexed.

2.

(Set out any devolution of title that may be relevant and

any assignment of the right to sue for past infringements).

3.

The registration is and has at all material times been

[valid5 and] subsisting.

[4. Without prejudice to the foregoing plea of validity the

Plaintiff will rely upon the following matters (set out the

nature of the plaintiffs business and its, and its

predecessors, use of the mark as in a passing off action if
it is relevant as establishing validity or distinctiveness .6
Give details also of user of the mark prior to its registration
or the grant of protection if it is anticipated that the
defendant may plead that it has used the mark
continuously since before the plaintiffs mark7).]
5.

The Defendant has since the date of registration of the

Trade Mark No. ___ and prior to the issue of the Writ in
this action [infringed the Plaintiffs Registered Trade Mark
No. ___ and/or committed acts which would have infringed
if committed after the publication of the [registration or
grant of protection]] by using in the course of trade in
Singapore in relation to [cameras], not the [cameras] of
the Plaintiff, a sign identical to the Plaintiffs Registered
Trade Mark No. ____8
Particulars of infringement

(Give particulars of the use complained of and of the mark or

sign used9
e.g. The Defendant has since a date unknown to the
Plaintiff sold cameras to retail outlets bearing the mark X.
In particular, the Plaintiff relies on the fact that such
cameras were exposed for sale in such a retail outlet,
namely [ ] on [date].
The Plaintiff is unable to give particulars of each such act
of infringement but at trial shall seek a remedy in respect
of each such act.)
6.

Further, the Defendant threatens and intends to continue

the acts complained of in this action. Without prejudice to
the generality of the foregoing (set out any particular oral
or written statements relied on as threats to continue
infringement).

7.

By reason of the aforesaid acts and each of them the

Plaintiff has suffered damage and will suffer further
damage in the future unless the Defendants acts of
infringement are restrained.10

8.

Further, the Plaintiff is entitled to and claims interest

pursuant to s 12 of the Civil Law Act (Cap 43)11 on the
amount found to be due to the Plaintiff at such rate and for
such period as the Court may think just.

And the Plaintiff claims:

(1) an injunction to restrain the Defendant (whether by its

directors, officers, employees or agents or any of them or
otherwise howsoever) from infringing Registered Trade
Mark No. ___;
(2) an Order for erasure, removal or obliteration from all
infringing goods, material or articles in the possession,
custody or control of the Defendant of [the word
_________ or describe the mark or sign to be removed];
(3) further or in the alternative to (2) above, an Order for
delivery up to the Plaintiff, or such other person as the
Court may direct, of all infringing goods, material or
articles in the possession, custody or control of the
Defendant pursuant to section 33(1) of the Trade Marks
Act (Cap 332) and directions for the disposal thereof by
destruction or forfeiture to such person as the Court may
think fit;
(4) an inquiry as to damages or, at the Plaintiffs option, an
account of profits and an Order for payment of all sums
found due upon the making of such inquiry or the taking of
such account.
[or in the case of use of a counterfeit trade mark in
relation to goods or services:
(5) An inquiry as to damages and an account of profits, for
infringement of registered trade mark, together with an
order for payment of all sums found due to the Plaintiff or
statutory damages pursuant to s. 31(5) of the Trade Marks
Act (Cap 332).]
(6) Interest on all sums found due and owing from the
Defendants to the Plaintiff pursuant to Section 12 of the
Civil Law Act (Cap 43);
(7) Further or other relief as this Honourable Court deems fit;
(8) Costs.
Dated this ______ day of __________ 20____.
SOLICITORS FOR THE PLAINTIFF(S)12
(Name and address of firm)
(Name of solicitors)
1

See generally [255]. For a writ of summons, see Form 1,

[1001]. Unless the Court gives leave to the contrary or a
statement of claim is endorsed on the writ, the plaintiff

must serve a statement of claim on the defendant or, if

there are 2 or more defendants, on each defendant, and
must do so either when the writ is served on that defendant
or at any time after service of the writ but before the
expiration of 14 days after that defendant enters an
appearance: Rules of Court O 18 r 1.
Every pleading in an action must bear on its face (a) the
year in which the writ in the action was issued and the
number of the action; (b) the title of the action; and (c) the
description of the pleading: O 18 r 6 (1). Therefore, where
the statement of claim is served separately from the writ,
the statement of claim must give the abovementioned
details.
Every pleading must contain a statement in a summary
form of the material facts on which the party pleading relies
for his claim or defence, as the case may be, but not the
evidence by which those facts are to be proved, and the
statement must be as brief as the nature of the case
admits: O 18 r 7 (1). However a party need not plead any
fact if it is presumed by law to be true or the burden of
disproving it lies on the other party, unless the other party
has specifically denied it in his pleading: r 7(3). See also O
18 r 15(2): a statement of claim must not contain any
allegation or claim in respect of a cause of action unless that
cause of action is mentioned in the writ or arises from facts
which are the same as, or include or form part of, facts
giving rise to a cause of action so mentioned; but, subject
to that, a plaintiff may in his statement of claim alter,
modify or extend any claim made by him in the
endorsement
of
the
writ
without
amending
the
endorsement.
A Singapore registered trade mark is treated as if registered
as of the date of filing of the application for registration and
it is accordingly that filing date which is the date of
registration: see Trade Marks Act (Cap 332, 2005 Ed) ss
26(4), 15(2). The date from which or International trade
marks (Singapore) are treated as registered in Singapore
depends upon when the request for that registration to
extend to Singapore was made and whether there is a
concurrent Singapore national registration: see Trade Marks
(International Registration) Rules 6 (3), 24(3), 26. However,
pleadings for infringement may not be brought before the
date on which the mark is in fact entered on the register:
see Trade Marks Act s 26(4)(a). In the case of an
International Trade Mark (Singapore), this is the date when
it becomes protected pursuant to Trade Marks (International

Registration) Rules r 6(3).

A registered mark is presumed to be valid. Accordingly,
although it is common practice to plead that the registration
is both valid and subsisting, strictly speaking there is no
necessity to assert validity unless and until this is
challenged by the defendant. See [5].
6 A trade mark can be removed from the register on the
ground of non-use: see [201]. It may also be asserted that
the mark is invalid on grounds that it lacks capacity to
distinguish or is devoid of distinctive character or that the
defendant has a defence by reason of the fact that he has
been using the mark or sign complained of since a date
earlier than both the registration and the first use by the
plaintiff of the registered mark: see [101]. Consequently,
where such a claim is anticipated, it may be convenient to
plead these matters in the statement of claim. However,
normally these matters can be left to the reply and defence
to counterclaim where the sign complained of is identical to
the plaintiffs registered trade mark and it is being used on
goods identical to goods falling within the scope of that
registration.
7 See Trade Marks Act s 28 (2), which also applies to
International trade marks (Singapore) by Trade Marks
(International Registration) Rules r 6(2).
8 See Trade Marks Act s 27(1), which also applies, with minor
modifications, to International trade marks (Singapore) by
Trade Marks (International Registration) Rules r 6. For
commentary on identical marks see [105]. It is only
necessary to plead use by the defendant in relation to goods
falling within the scope of the specification of goods the
subject of the registration unless the claim is coupled with a
claim for passing off or is a claim for infringement by use in
relation to similar goods or services, in which case there
should also be pleaded use by the defendant on any goods
or services which are likely to be confused with goods of the
plaintiff or the plaintiffs registered mark: see Forms 14, 19,
[1014], [1019].
9 If any advertising materials or other documents are referred
to, copies should be annexed to the statement of claim.
Photographs of the goods complained of are also commonly
referred to and annexed in such cases.
10 Particulars of loss or damage need not be given, as
damages are a matter for the inquiry as to damages or
account of profits sought, see [453].
11 Civil Law Act (Cap 43, 1999 Ed) s 12.
12 Every pleading of a party must be endorsed (a) where the
5

party sues or defends in person, with his name and address;

(b) in any other case, with the name or firm and business
address of the solicitor by whom it was served. Further,
every pleading of a party must be signed by the partys
solicitor or by the party, if he sues or defends in person: O
18 r 6(4), (5).