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.

How to Register a Trademark in Singapore?

Before filing the application for trademark registration in Singapore, it is essential that you have ascertained that:

Once the above is confirmed, one may proceed to file the application with the authorities.

Singapore Trademark Act – Key Features

Although it is not a legal requirement to register a trademark in Singapore, doing so can add significant value to a business. By filing for trademark registration, the owner of the trademark gains the right to ownership and the ability to prevent others from using a similar or identical mark without their permission. This ensures that the business’s brand is protected and can be used exclusively by the owner, making it easier to build a strong reputation and customer base.

Requirements for Filing a Trademark Application

To initiate the filing of a Trademark on your behalf, we must complete an application process and secure a filing date. To achieve this, kindly furnish us with the following details:

A statement expressing the desire for registration
Determine Trademark Eligibility
Conduct a Trademark Search
Name and address of the applicant
A clear graphical representation of the mark
A list of goods and services intended for registration, along with their respective class based on the International Classification of Goods and Services
A declaration indicating the use or intent to use the trademark
The required filing application fee
It is essential that a registered Trademark can be visually represented, and it is beneficial to support this with evidence of goodwill associated with your company/business resulting from the use of the Trademark before registration

For marks depicting a three-dimensional shape of goods or packaging, representation through line drawings is acceptable. If a single-view line drawing is insufficient, multiple aspect views (up to a maximum of six views) should be provided. In cases involving non-English words and/or non-Roman characters, the application must include English translations and/or transliterations (pronunciations).

Process to Register a Trademark in Singapore

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.

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.

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.

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.

Top key features of Singapore’s Trademarks Act

Trademark registration under the Trademarks Act provides protection only in Singapore. Since trademark protection is territorial, registering your trademark in other countries is necessary to obtain trademark rights and protection in those countries. This can be done by registering the trademark in each country individually or pursuing international trademark registration through the Madrid Protocol
Luckily, Singapore is a contracting country under the Madrid Protocol, which means that an international application can be filed through IPOS in Singapore after the trademark has been filed in Singapore
In Singapore, trademarks must be able to be represented graphically. This can include any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or a combination of these elements. Unlike the United States, Singapore does not require evidence of use to be filed before a trademark registration is granted

Under the Trademarks Act, there is no deadline for filing a trademark. However, it is important to note that legal action for trademark infringement can only be taken if the trademark is registered. A trademark registration becomes effective on the date of filing and is valid for 10 years in Singapore. It can be renewed indefinitely at the end of each 10-year period
With the introduction of service mark registration, the classes for registration have been expanded from International Classification 35 to 45. As a result of the inclusion of service marks, the search for prior rights will now extend to cover a wider range of related goods and services. For trademarks that are applied to goods, the search will now include closely related services to the goods for which registration is sought. Similarly, for service marks, the examination will include marks for closely related goods to those services

What is a Trademark?

A trademark is a symbol, word, phrase, design, or a combination of these elements that is used in business to distinguish one’s goods or services from those of others. A trademark may appear on packaging, labels, products, or vouchers. It is considered a form of property that can be owned by individuals, businesses, or legal entities. Trademarks are a type of intellectual property that are legally recognized.

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How do you Identify a Trademark?

Trademarks are commonly identified by the symbols ^® and TM, which differ in several ways. ^® This term refers to a trademark that has been registered and protected according to trademark laws. Trademarks identified with ™ may not necessarily be registered or protected. The following types of trademarks are eligible for registration in Singapore:

Trademarks are commonly used to distinguish goods or services
Collective marks are used to distinguish goods or services offered by members of an association or group of traders from those who are non-members
Certification marks are used to distinguish certified goods or services from non-certified ones. The certification may relate to a characteristic of the certified goods or services, such as an indication of their origin, material, quality, mode of manufacture, or performance

Key Benefits

Trademark registration is not mandatory for using a trademark but registering it can add protection and value to your product and business. By obtaining a trademark registration, you acquire exclusive rights to use and control the trademark, restrict others from using it without your consent, and prevent the registration of a later trademark that is similar or identical to an earlier registered one for the same or similar goods or services.

Trademark owners can benefit in many ways by acquiring a trademark registration, such as distinguishing their product or service from others, ensuring quality for their customers, protecting their market share by preventing others from copying it, licensing it to third parties for commercial returns, selling it outright for a specified value, and using it to raise equity for their business undertakings.

Singapore Trademark Registration - FAQ

What is the duration for which a Trademark Registration remains valid in Singapore?

The validity of trademark registration is for 10 years from the date of application and can be renewed indefinitely by paying the renewal fee.

What are the common causes of rejection?

In Singapore, trademark registrations can be refused for multiple reasons. Two common reasons include if there is already an existing trademark that is very similar to the one being applied for, or if the trademark is not capable of uniquely distinguishing the goods or services it represents from those of other traders.

How long does registering a trademark in Singapore take?

The registration procedure might take anywhere from 8 to 12 months.

Why is it advisable to register a trademark?

Registering a trademark gives the owner statutory rights to use and exploit the mark within the jurisdiction of its registration. Additionally, it offers certain priorities and advantages when registering the trademark in other jurisdictions.

What are the benefits of registering a trademark?

The main benefits of registering a trademark include the following:

Exclusive rights to use the mark
Prevention of others from copying it
Capitalizing on the growing market value of the mark
Quality assurance for customers
Branding through mark recognition
Granting a license for commercial use by third parties, creating a source of revenue
Eligibility for up to 400% tax rebates from the Singapore Government under the Productivity and Innovation Credit Scheme to offset the costs of registering the trademark
Market recognition
Legal protection

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