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The first step before you file your trademark registration in Singapore is to consider probable obstacles and challenges that could appear during the process of registration. The Trademark Comprehensive Study helps in listing all the trademarks that have any similarity graphically and phonetically, which might conflict with one chosen by you. The study also helps in providing an attorney’s professional advice about various possibilities of registration.
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 mark is of a nature that can deceive the public
Yes, it can be opposed on the following grounds:
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:
The average timeline for the registration approval of trademark is 8 months, in case no objections or oppositions come up.
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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