Introduction
A trademark filing is used to distinguish the goods and services of one trader from another to know what is Australia vs Singapore Trademark System.
- A trademark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture, and/or aspect of packaging.
- A registered trademark is legally effective and gives you complete rights to commercially operate, license, or sell it for the goods and services under which it is registered.
- A trademark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging, or any combination of the above.
Before deciding to apply for a trademark you must consider whether registering a trademark is an appropriate strategy, where you want the trademark registered, and what is involved in the trademark application. The University Council Secretariat in conjunction with Marketing & Communications can guide in this area.
Points of difference Between Australia Vs Singapore Trademark System
- Introduction to Intellectual Properties
- The procedure of Trademark Registration
- Validity and Power of Attorney
Intellectual Properties of Australia and Singapore
What is IP Australia?
IP Australia is an agency of the Department of Industry, Science and Innovation. It administers intellectual property rights and legislation relating to patents, trademarks, registered designs, and plant breeder’s rights in Australia. In the Australian Patent Office, The agency’s precursor was established in 1904 by the Commonwealth of Australia. IP Australia has been located in the Discovery House in Canberra, Australia Since 1998. In 2007 Discovery House was expanded to include a third wing allowing the co-location of all personnel. The new west wing of Discovery House was officially opened on 31 October 2007 by the Governor-General, Major General Michael Jeffery AC CVO MC (Retd). The patent examination center was opened by IP Australia in 2008-09 in Melbourne to accommodate 40 patent examiners.
Since 31 March 1980 IP Australia has been an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for patent applications filed in compliance with the Patent Co-operation Treaty. Australia is a member of the Madrid system for trademarks, the Paris Convention for designs, and the UPOV for plant breeder’s rights.
What is IPO Singapore?
The Intellectual Property Office of Singapore (IPOS) is a legal board under the Ministry of Law Singapore. We are an innovation agency that uses our IP expertise and networks to drive Singapore’s future growth. Our focus is on helping enterprises rise through IP and innovation strategies, developing skills and expertise in these areas. Also creating a vibrant ecosystem where today’s ideas become tomorrow’s assets.
Intellectual Property (IP) refers to products of the mind or intellect. IP can be an invention or transformation, special names, and images used in trade, original designs, or an expression of an idea. In Singapore, laws exist to protect such IP. An IP may be registered via processes such as patent grants for inventions, trademark registration for signs used in trade, industrial design registration for designs applied to articles, and grants of protection for plant varieties. Other forms of IP that need not be registered may be protected nonetheless. This includes copyright, geographical indications, layout designs of integrated circuits, confidential information, and trade secrets.
IPOS advises on and guides intellectual property (IP) laws, promotes IP awareness, and provides the infrastructure to facilitate the development of IP in Singapore.
IPOS has been appointed an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for patent applications filed by the Patent Co-operation Treaty since 9 October 2015.
Australia vs Singapore Trademark System among their intellectual property office is that, both the authorities have different laws and regulations for Trademarking the different identities.
Trademark Procedure in Australia
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Stage 1:
Before applying for a trademark, a search should be conducted to see if there are any trademarks already being used by other traders that may affect the likelihood of the trademark not being approved. Searches can be conducted using online databases, such as those detailed on the IP Australia website or by an IP Professional. Once the application is submitted and its information has been published, you can’t substantially change the details of your trademark application or add classes of goods and services. Applications can be submitted either online or in paper form. Applications will be examined by IP Australia to ensure the requested trademark doesn’t conflict with existing trademarks and adheres with the Trade Marks Act 1995. IP Australia will examine the application within 13 weeks.
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Stage 2:
You will be issued an examination report which will explain IP Australia’s findings. If the report is clear of any issues the application will then be accepted and published. If there are any deficiencies or objections applicants have 15 months to overcome/ address these objections.
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Stage 3:
The accepted application is then published in the Official Journal of Trade Marks for 3 months and opens for third parties to oppose the application. If an opposition is received, the trademark application may take time to be resolved, in some instances up to 15 months. The application will be registered if no oppositions have been filed or once any objections received have been settled. IP Australia will record the details of the trademark in the Register of Trade Marks, and then send a certificate of registration. The trademark will be registered from the date the application was filed – not from the date it was examined or accepted.
The earliest date a trademark can be registered is around seven and a half months after an application is filed. This fulfills IP Australia’s international obligations to allow six months for applicants to claim a priority date based on an overseas filing. Once your trademark is registered and all fees are paid, it will be enforceable.
Trademark Procedure in Singapore
- Step 1: Identify the class of goods/services
Before registering an application with the trademark office, an applicant has to decide on the types of goods/services for which trademark registration is sought, an applicant has to decide. Under the International Classification of Goods and Services generally referred to as the “ICGS” Goods and services are described under 45 classes.
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Step 2: Self-search for possible conflicts
Application fees for trademark registration are not refundable. Therefore, the first search for the existing trademarks in the records maintained by the Singapore Registry of Trade Marks, before applying. Particularly in the area of your business, this is to ensure that there is no prior trademark that is identical or similar to the one you intend to use.
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Step 3: Application filing
The official filing fee for the registration of a trademark on a per mark per class basis is S$341. The goods and services listed in the application must adapt to the International Classification of Goods and Services.
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Step 4: Application checking for completeness and compliance
Once the application for a trademark has been received, the trademarks office will review it to ensure that
(a) The application is complete.
(b) It satisfies the provisions of the Trade Marks Act.
(c) The necessary fees have been paid. A trademark application number is issued and will be provided once the application is filed.
If there is any ground for objection, the applicant will be notified by the registry about the corrections required along with a specified period granted to overcome the objection. If the applicant fails to respond to objections within the granted period, the application would be considered withdrawn.
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Step 5: Examination for conflicts with existing trademarks
If any objections are found there as a result of the above search, the trademark registration application will be rejected. Further, If the applicant wants to pursue it, the applicant will have to modify/amend the trademark and submit a new application.
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Step 6: Examination for conflicts with the law
After the successful completion of the previous step, the application will be examined to determine whether the mark is registrable by Singapore Trademark Laws. The Examiner will check to assure that the mark does not fall into the areas not allowed by law. For example, marks that are lack of any distinctive character. If any objections are found the applicant will be notified and a specified period will be granted to resolve the objections.
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Step 7: Advertisement for public scrutiny
after completion of the examination, the applicant will be informed of the acceptance of the application for registration, and the for opposition purposes in the Trade Marks Journal application will be published. Any interested party may oppose the registration mark Within two months of the publication. The grounds of opposition may include affairs such as the application is corresponding to a registered or pending mark, etc. If an objection is received by the trademark office from an opponent, the applicant will be notified and must respond with a counter-statement to resolve the objection. A conclusion on the application will be made after hearing both parties.
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Step 8: Successful registration
If there were no objections raised 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.
Australia vs Singapore Trademark System procedure is vast, that both the countries have different steps that need to be followed to register your trademark.
Power of Attorney & Validity of Trademark in Australia
- No, There is no need to provide a Power of Attorney for filing a trademark in Australia.
- From the date of filing, The trademark registration in Australia is valid for ten years. Trademarks may be renewed for consecutive periods of 10 years within 12 months before the expiry of the validity term.
Power of Attorney & Validity of Trademark in Singapore
- A power of attorney may be directed by the Registry Office during prosecution.
- Recommendation of experienced trademark attorneys.
- From the date of filing the Trademark registration in Singapore takes to process. The validity period of Trademark registration in Singapore is 10 years. At the end of each 10 years can be renewed indefinitely.
Australia vs Singapore Trademark System in case of power of attorney is that there is a need for POA in Singapore while there is no need in Australia of the same.
The Trademark classes of goods and services are described as the same in both countries. these are classified based on 45 classes, under which classes 1-34 are for goods, and classes 35-45 are for services.
Conclusion
With the trademark registration in Australia and Singapore, we can secure our designs from any party to copy them and have a unique identity from others. Australia and Singapore both have a different trademarking procedure. But their validity period for renewal is the same that is 10 years.
For a better experience, you can reach our website TrademarkCart. Our experienced staff will help you to get register your trademark in different countries in the simplest way. Or you can call us on +91 8750008585. TrademarkCart also provides services for Trademark registration in India, Trademark registration in NewZealand, Trademark registration in China.
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