This article describes the trademark registration procedure in Singapore. For other topics related to trademarks in Singapore, refer to the Related Links section at the end of this page.
Trademark registration in Singapore is handled by the Intellectual Property Office of Singapore (IPOS) - a statutory board under the Ministry of Law.
A Singapore registered trade mark has to be capable of being represented graphically. This sign can be any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or a combination of these. Unlike jurisdictions like the United States, the Singapore trademarks regime does not require evidence of use to be filed before a trade mark registration is granted.
The registration of a trademark in Singapore normally involves the following steps:
Step1: Self Search for Possible Conflicts
Application fees for trademark are not refundable. Therefore, before filing an application for the registration of a trade mark in Singapore, it is recommended that you first conduct a search of the existing trade marks in the records maintained by the Singapore Registry of Trade Marks. This is to ensure that there is no prior trade mark that is identical or similar to the one you intend to use, particularly in the area of your business. The search can be conducted at the IPOS office or online at eTradeMarks.
Step2: Application Filing
The application may be sent to the Registry of Trade Marks by hand, mailed to the IPOS address or filed online through IPOS's eTradeMarks system. The filing fee for registration of a trademark under each class is S$340 (manual) and S$310 (online). The goods and services listed in the application must conform to the International Classification of Goods and Services.
Step3: Application Checking for Completeness and Compliance
Once the tradamark application has been by IPOS, it will be reviewed by the Trade Marks Registry to ensure that a) it's complete b) it complies with the provisions of the Trade Marks Act c) necessary fees have been paid. A trademark application number and date of application filing will be given.
If there is any ground for objection, the Registry will notify the applicant about corrections required along with a specified period of time granted to overcome the objection. If the applicant fails to respond to objections within the granted period, the application would be considered withdrawn.
Step4: Examination for Conflicts with existing Trademarks
Once the step 3 as above is complete, Registry Office will conduct a formal search for conflicting marks, geographical names and conformance to the international classification of goods and services. In the case of pharmaceutical products, the Registry of Trade Marks will also need to check whether the mark consists of a protected International Non-Proprietary Name (INN). The INNs, furnished by the World Health Organization, are generic names for specific pharmaceutical substances.
If there are any objections found as a result of the above search, the trademark registration application will be rejected. If the applicant wants to pursue it further, the applicatant will have to modify/amend the trademark and submit a new application.
Step5: Examination for Conflicts with Law
After step 4 is complete and successful, the application will be examined to determine whether the mark is registrable in accordance with Singapore Trademark Laws. The examiner will check to ensure that the mark does not fall into the areas not allowed by law, for example, marks that are devoid of any distinctive character.
The applicant will be notified of any objections found and a specified period of time will be granted to resolve the objections.
Step 6: Advertisement for Public Scrutiny
Upon completion of step 5, the trademark registration applicant will be informed of the acceptance of the application for registration and the acceptance will be published for public information in the Trade Marks Journal. Any interested party may oppose the registration of the mark within two months of the publication. The grounds of opposition may include issues such as the application is similar to a registered or pending mark, etc.
If the Registry office receives an objection from an opponent, the applicant must respond with a counter-statement to resolve the objection. A decision on the application will be made after hearing both parties.
Step 7: Successful Registration
If there were no objections from any party or if all the objections were resolved in favor of the applicant, the trademark will be registered and a registration certificate will be issued to the applicant.
FAQs
| Q. What is the validity period of a trademark registration in Singapore? |
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A. The registration of a trademark is valid for 10 years from the date of application. It can be renewed indefinitely for 10 years at a time by paying the applicable renewal fee. |
| Q. What are the typical causes of rejection? |
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A. Typical reasons for refusal of a trademark registration include:
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| Q. How long does it take to register a trademark in Singapore? |
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A. The registration process can take anywhere between 6 to 18 months. |
| Q. If I register a trademark in Singapore, will it be effective internationally? |
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A. Trademark registration is country specific and therefore it must be registered in each country where protection is desired. A trademark registered in Singapore is for protection in Singapore only. To obtain registration outside Singapore, it is necessary to file applications in the countries concerned either individually or via the Madrid Protocol. As Singapore is a contracting country under the Madrid Protocol, an international application may be filed through IPOS in Singapore after the trademark has been successfully registered in Singapore. |
| Q.Do I need to register a trademark for each class of goods/services seperately? |
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A. For the purposes of trade mark registration, all of the known goods and services in the world have been classified into 45 classes. Trade mark registration should only be sought for goods and services that you are in the business of producing or providing. In Singapore, multi-class registration is now possible starting July 2, 2007. With a multiple-class system, the owners only need to submit one single application for all the applicable classes. This makes it more convenient for trademark owners and their agents, as they will be able to manage their trademark registrations in appropriate bundles instead of handling each registration individually. For example, only one registration will be necessary for all classes of goods and services claimed for the same trademark. These bundles of registrations can be assigned, renewed or licensed as bundles as well. |
| Q. Must I apply for a trade mark in Singapore before international registration? |
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A. To file for an international application under the Madrid Protocol, the trade mark must be registered first in the country of origin. |
| Q. What should I do if I wish to license my registered trademark to a third party? |
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A. As the owner of a registered trademark you may record the licencees in the Trade Marks Register. To do this you will need to file a completed form and pay a fee of S$60.00. |