Register your trademark in Singapore today
Hawksford can assist businesses starting up in Singapore with the trademarking of a business name, slogan and logo.
The modern Singapore Trade Marks Act was passed in 1998 to meet the city-state’s obligations under the Paris Convention for the Protection of Intellectual Property. Trademark registration in Singapore is handled by the Intellectual Property Office of Singapore (IPOS), a statutory board under the Ministry of Law.
Singapore is currently a signatory to the following relevant international conventions:
The purpose of this guide is to provide an introduction to Singapore’s Trade Marks Act and the trademark registration procedure in Singapore.
Although it is not mandatory to register a trademark in order to use it under Singapore law, 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 or identical mark without the owner’s permission.
Key features of Singapore’s Trade Marks Act include:
The registrar of trademarks in Singapore has the duty of examining each trademark application to see if the trade mark is registrable. The registration process can take anywhere between 8 – 12 months, depending on whether there are objections or any other difficulties encountered.
Although, the owner can file a trade mark application directly, it is highly recommended that you engage the services of a professional firm to register your trade mark due to the complexity of paperwork and the procedure involved. Benefits of hiring a professional firm include:
For guidance purposes, the steps involved in Singapore trademark registration are outlined below. If you have hired a professional firm, most of this work will be coordinated by the professionals.
Step 1: Identify class of goods/services
Before an application can be filed with the trademark office, an applicant has to decide on the types of goods/services for which trade mark registration is sought. Goods and services are appropriately classified from classes 1 to 45 under the International Classification of Goods and Services generally referred to as the “ICGS”.
Due care should be taken to ensure that the application is filed under the correct class. It will be necessary to file applications in more than one class, if the applicant deals in a wide range of goods or services.
Step 2: Self-search for possible conflicts
Application fees for trade mark registration are not refundable. Therefore, before filing an application, 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.
Step 3: Application filing
The official filing fee for registration of a trade mark on a per mark per class basis is S$341. The goods and services listed in the application must conform to the International Classification of Goods and Services.
Step 4: Application checking for completeness and compliance
Once the trade mark application has been received, the trade marks office will review it to ensure that (a) the application is complete; (b) it complies with the provisions of the Trade Marks Act; and (c) the necessary fees have been paid. A trademark application number is allocated and will be provided once the application is filed.
If there is any ground for objection, the Registry will notify the applicant about the 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.
Step 5: Examination for conflicts with existing trademarks
Once the above step is complete, the registrar 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 trade mark registration application will be rejected. If the applicant wants to pursue it further, the applicant will have to modify/amend the trademark and submit a new application.
Step 6: Examination for conflicts with law
After the previous step 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 7: Advertisement for public scrutiny
Upon completion of examination, the applicant will be informed of the acceptance of the application for registration and the application will be published for opposition purposes 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 trade marks office receives an objection from an opponent, the applicant will be notified and must respond with a counter-statement to resolve the objection. A decision on the application will be made after hearing both parties.
Step 8: Successful registration
If there were no objections from any party or if all the objections were resolved in favor of the applicant, the trade mark will be registered and a registration certificate will be issued to the applicant.
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? |
A. Typical reasons for refusal of a trademark registration in Singapore include:
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Q. How long does it take to register a trademark in Singapore? |
A. The registration process can take anywhere between 8 to 12 months. |
Q.Do I need to register a trademark for each class of goods/services seperately? |
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. The downside is that if one class faces an objection or encounters difficulty during the examination process, this immediately impacts the remaining classes in the application, thus delaying examination. |
Q. Must I apply for a trade mark in Singapore before international registration? |
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? |
A. As the owner of a registered trademark you may record the licencees in the Trade Marks Register. For more details, see Guide to Trademark Licence Registration in Singapore. |
Hawksford can assist businesses starting up in Singapore with the trademarking of a business name, slogan and logo.
As your firm grows, Hawksford can provide assistance for your start-up or business's legal, marketing, operational, financial and project management needs.
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