Trademark registration under the Singapore Trademark Act only has effect in Singapore. To obtain trademark rights and protection in other countries it is necessary to register the trademark in those countries or pursue international trade registration through Madrid Protocol.
The relevant authority for registration of trademarks in Singapore is called Intellectual Property Office of Singapore (IPOS). The Intellectual Property Office of Singapore (IPOS) is a statutory board under the Ministry of Law. Singapore is a signatory to the following relevant international conventions:
- Paris Convention
- Berne Convention
- Madrid Protocol
- Nice Agreement
- Patent Cooperation Treaty
- Budapest Treaty
- WIPO Copyright Treaty
- WIPO Performances and Phonograms Treaty
- International Convention for the Protection of New Varieties of Plants otherwise known as the "UPOV Convention"
- The Geneva Act (1999) of the Hague Agreement concerning the International Registration of Industrial Design
- Singapore Treaty on the Law of Trademarks
Trademark Basics
A trademark is essentially a name or symbol secured by legal registration that identifies its owner's product or service and distinguishes it from other products and services of other companies. It can be a word or other device such as a phrase, logo, sound, or package design. It is not necessary that the consumer be able to identify the specific manufacturer. Rather, the mark need merely to communicate to consumers that the goods or services bearing the mark come from a unique source, distinguishable from all the other sources for those goods or services.
A registered trademark gives its owners the right to exclude all other businesses from using a similar mark on related goods or services. For instance, nobody in the computer industry is allowed to use the name "Apple" as a way of identifying themselves, except for Apple Computers, Inc.
A service mark is essentially the same thing as a trademark, only a service mark is used in the sale of services, whereas trademarks are used in the sale of goods. It appears to be common usage to refer to service marks as either trademarks or service marks. However, the reverse is not true; and you cannot refer to a mark affixed to goods as a service mark. With the introduction of service mark registration the present classes have been extended 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, in relation to trade marks applied on goods, those services which are closely related to the goods for which registration is sought, and with respect to service marks, the examination will include marks for goods which are closely related to those services.
® and ™ are common symbols associated with trade marks. ® indicates that the mark is a registered trade mark and hence protected under the trade mark law. ™ is just a symbol used to indicate that the mark is being used by the company as a trade mark. It does not denote that the mark is registered nor protected under the trade mark law. There is no requirement that you use any of the symbols, however there are two important advantages to using them. First, the symbols provide notice to the world that you are claiming the symbols as trademarks, and this will deter others from attempting to use the name for their own business.
The words "trademark," "copyright," and "patent," are often used interchangeably and incorrectly by people. They are all intangible property that can be bought, sold, or licensed, however they each protect completely different interests.
Patents protect new inventions, discoveries and designs, while copyrights protect original works of authorship such as paintings, computer programs, sculpture and architectural designs. Trademarks do not protect creation or inventiveness at all. In fact, a trademarks can be acquired with no creative or innovative input from the owner whatsoever. For instance, when the public spontaneously began referring to "Coca Cola" as "Coke," the new term became a source identifier for the product, and thus automatically a trademark.
Although it is not mandatory to register a trademark in order to use it according to Singapore Trademark Laws, a trade mark registration adds great value to a business. By filing for trade mark registration, the trade mark owner obtains a right to ownership and the right to prevent others from using a similar mark without his permission.
Trademark rights are territorial. For example, a Singapore trademark registration is generally enforceable against infringers only in Singapore. Therefore in order to protect one's trademark in other countries, an applicant will need to file application in each country of interest. The cost of searching, filing and maintaining trademark registration worldwide could be very expensive.
Singapore Trademark Act
Protection of a trade mark can be obtained by filing an application with the Registry of Trade Marks, Intellectual Property Office of Singapore (IPOS). Before an application can be filed, an applicant has to decide on the type of goods for which registration is sought. Different types of goods are covered under different classes. The classes under which goods may be registered are numbered from class 1 to 34 under the International Classification of Goods and Services generally referred to as the "ICGS". The classes under which services may be registered are numbered from class 35 to 42. Care should be taken to ensure that the application is made under the correct class. It may sometimes be necessary to file applications in more than one class if the applicant deals in a wide range of goods which may fall under different classes. Similarly, an applicant for a service mark has to decide on the type of service for which registration is sought. If your goods or services are wrongly classified, you may have to file a fresh application in the right class.
The applicant may either apply directly to the Registrar or authorize a trade mark agent such as a lawyer to act on his behalf regarding the registration of his trade mark. If the trade mark agent is used, a prescribed form giving the agent’s address for service must be lodged with the Registry.
There is no time limit for filing according to Singapore Trademark Act. However it should be noted that a suit for an infringement of a registered trade mark is only possible if the trade mark is registered. A trade mark registration takes effect from the date of filing. The validity period of a registered trade mark in Singapore is 10 years. However, it can be renewed indefinitely at the end of each period thus making the life of a trademark potentially unlimited.