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Trademark registration process in Singapore

Trademark registration process in Singapore

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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.

By and large, it is not necessary to register your mark in Singapore. However, registering the mark shall:

  • Prevents other to adopt the same or similar mark;
  • Help to effectively enforce your rights over the mark;
  • Allows the registered owner to capitalize the trademark by licensing or assigning it;
  • Give right to use the symbol ®; and
  • Provide up to 400% tax rebates from the Government under the ‘Productivity and Innovation Credit Scheme’. This rebate is provided in order to balance the costs of registering for a trademark.
 

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; and
  • is not descriptive.

Once the above is confirmed, one may proceed to file the application with the authorities. The registration process in Singapore can be summarized in the following four stages:

 

Stage 1 : Filing Application

The application for the trademark will contain the following information:

  • name and 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); and
  • 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.

If your business is looking to get a mark registered in Singapore or wants to get a clarity of the prefiling checklist, call IMC Group today. We shall be happy to assist you with your queries and the application process.

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