Singapore Trademark Registration
How to Register a Trademark in Singapore?
- The mark is distinct and capable of being represented graphically
- Does not conflict with a prior existing mark
- This is not descriptive
Requirements for Filing a Trademark Application
- 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
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.
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?
How do you Identify a Trademark?
- 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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