Singapore Trademark Registration
A trademark is a type of intellectual property rights which includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.
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How to Register a Trademark in Singapore?
Before filing the application for trademark registration in Singapore, it is essential that you have ascertained that:
- The mark is distinct and capable of being represented graphically.
- Does not conflict with a prior existing mark.
- This is not descriptive.
Stage 1 : Filing Application
The application for the trademark will contain the following information:
- Name & address of the applicant(s).
- Graphical representation of the mark.
- Class and description of the goods/services for which the trademark is applied for.
- Period of use (if any).
- Application fees.
When applying for a trademark registration in Singapore, it is important to make sure that the goods and services listed in the application must comply with ICGS (International Classification of Goods and Services).
Intellectual Property Office of Singapore (IPOS) oversees the Trademark Registration process. A registrar will check if the above-mentioned requirements has been complied with. If so, the application will proceed to Stage 2.
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Stage 2 : Examination
At this stage, a formal search is conducted by the registrar to rule out any conflict. The registrar will also scrutinize an application to determine if a mark can be registered in accordance to the Singapore Trademark Laws. For example, a mark that contains an in-distinctive character does not conform to the Trademark Laws. If the mark is acceptable, the registration process will move to Stage 3.
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Stage 3 : Publication
The applicant is notified regarding the acceptance of the application for registration once it has been scrutinized for possible anomalies. An accepted application is published in the trademark journal which enables the interested parties to oppose to the registration of a mark within two months from the date of publication. The trademark office notifies an applicant if any objection has been filed against a mark, if not the application proceeds to Stage 4.
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Stage 4 : Registration
A trademark will be registered if all objections were cleared up in favor of an applicant or if no objection was received from any party. A registration certificate is issued to an applicant after the completion of this process. Upon registration, the mark is granted protection for a period of 10 years and the trademark owner can use the symbol ® with the registered trademark.
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Trademark Registration in Singapore – FAQs
Registration is not just needed for securing rights for a specific trademark. As per the law, prior use is an evidence of trademark ownership. The principle that is effective in Singapore is known as “first to use”.
- Proprietary rights
- Breach of any copyright
- The mark is not unique
- The mark is explanatory
- The mark is very generic
- Notorious or popular mark
- Protection of armorial bearings, country flags and other State emblems
- The mark is against some public policy or any principles of morality
- The mark includes some geographical indication
- Represents the proprietor of the mark
- The exclusive right for using the registered trademark
- The right to oppose any conflicting applications later
- The right for requesting the cancellation of a conflicting registration later
- The right to sue any third parties for infringement or for use of a surprisingly similar trademark
- The right to license another third parties for using the trademark
- The right for requesting for the seizure of counterfeit goods by authorities of customs department
- The right to get compensation for any infringement. Yes, one can get the following rights after trademark registration in Singapore:
Succeeding renewals typically last for a time period of 10 years starting from the renewal date of the registration.
No, the territorial limit of this registration is only in Singapore.
- Words
- Colours
- Names
- Smells
- Some three-dimensional shapes
- Slogans
- Devices
- Sounds
- Trade dress or get-up
- Motion
- Holograms
- Certification Marks
- Collective Marks
- Service Marks
- Any generic terms
- Marks that are opposing any moral standards or some specific public order
- Non-distinctive trademarks
- Names of nations, flags of regions or countries, symbols of states, or of some particular international organizations marks that function majorly as geographic place names
Succeeding renewals typically last for a time period of 10 years starting from the renewal date of the registration.
The first renewal date of a trademark’s registration is 10 years from the date of filing the application.
Yes, there is a grace period of six months that is available. However, once the owner fails in renewing the trademark in this time period, then the registration is omitted from the Registry. There is also a penalty fee that is levied for the trademarks that get expired.
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+65 91269927
SINGAPORE
143 Cecil Street,
25-04B GB Building,
Singapore 069542
Tel: +65-91269927
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