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Trademark Registration Singapore
In Singapore the trademark registration is applied on the ‘First to use’ principle. Simply means that the owner of the trademark has a right to restrict the likely infringement action over their trademark in case the trademark is practice in Singapore for long period and have reputation in the market. If you are new to trademark it’s suggest that you should file an application for trademark registration.
How do you recognize a Trademark?
Commonly-used symbols to recognize a trademark are ® and TM. The 2 symbols are different:
® States to a registered and protected trademark according to trademark laws.
™ Simply recognizes that the mark is being used as a trademark by the owner, but the mark is not certainly registered or protected under trademark laws.
Prove of the trademark registration is required to overcome or defence your trademark upon the non-use claim of any other parties. It means that the protected trademark may be cancelled upon the ground that within the time of 5 years following the date of completion of the registration procedure, the trademark has not been put to actual use of the course in Singapore by the owner or with the permission of the owner for goods or service which are protected without the right reasons for such non-use.
Registering a trademark in Singapore is direct and you can find a lot of valuable material and get advice from the Intellectual Property Office of Singapore. Singapore follows the Nice Classification system, which is practiced in over 150 countries. In total, you have 45 classes to pick among, where 34 are applied to products or goods and 11 are used for services.
You can find all application forms online, on our website Trademarkcart by email or phone, for personal consultations. Our expert team will guide about the whole processing of the trademark registration.
What Can Be Trademarked?
Who Can Apply For Trademarked ?
Any person or business claiming to be owner can apply for a trademark including:
It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in the case of an individual, this problem won’t arise.
Singapore Trademark Law
A trademark is a symbol, such as a brand name or logo that business uses to differentiate its goods and services. In Singapore, you can register a trademark so that it is preserved under the Trade Marks Act. Alternatively, you can ask protection without registering it under the general law right of “passing off.” In 1998, Singapore’s government passed the Singapore Trade Marks Act, to join the Paris Convention. It’s a member of various other international conventions, such as:
Patent Cooperation Treaty
WIPO Copyright Treaty
Businesses must register their trademark in Singapore. By doing so, you protect your company’s brand by stopping others who give the same or similar goods or services from using your trademark. A trademark lasts generally so long as you register it all 10 years, and it can be licensed or traded to others. It will only be revoked if the owner does not practice it within 5 years of registering it. Singapore distributes products and services following the Nice Classification, sometimes associated with the International Classification of Goods and Services.
More than 150 countries, even China, are members of the Nice Classification. This is a big benefit as countries can cooperate cross border, and help each other in case of any IP disputes.
The Singapore Trademark Act
Singapore has improved its intellectual property legislation in 1998 when the new Trademark Act was approved. The new law meets all the terms of the Paris Convention for the Protection of Intellectual Property. Singapore has approved as the city-state wants to give the best conditions for companies wanting to register trademarks here.
The Singapore Trademark Act provides both local and foreign companies working here to register trademarks. However, the terms of the Trademark Law only suits in Singapore. Companies requiring to use their rights in other countries are needed to apply for trademark registration in those respective countries. The petition can be offered remotely by the Intellectual Property Office of Singapore (IPOS).
When you open a company in Singapore, it is very necessary to protect your business and register your trademark.
To register a trademark, it must meet the following criteria (Section 5):
It must be unique. To be unique, it cannot be descriptive. Soap is not a licensed trademark for a soap producer as it represents good it’s not a name that can be trademarked. Even more ambiguous words, like as “Royal” or “Breathable”, are considered too descriptive to be trademarked.
It cannot be similar to a trademark already in use in Singapore, such that it will confuse the public. An identical mark will be considered to confuse the public if it is being used by a company selling the same goods or services. Furthermore, some marks are so well-known that they are protected against every copying, even where the other business does not trade the same goods or services.
It cannot be opposed to public policy or morality.
It must be registered in genuine faith. For example, an employee cannot register his employer’s mark in his or her name. And, a local distributor of goods is not permitted to register the trademark of a foreign manufacturer.
The following information and/or documents are needed to apply for a trademark Singapore:-
Application form (TM 4).
Power of Attorney (TM 1)
1 clear print for a black-and-white mark and 1 clear picture under JPEG format
A list of goods or services that exactly follow the Nice International Classification
The full name, address, and country of the applicant, company, country or state of incorporation
For marks that include non-English words, a certified transliteration, and translation
Procedure For Trademark Registration
Steps to Register Trademark in Singapore
You’ll find the trademark registration process to be simple and direct in Singapore. Singapore is well-known for being active and there’s much information accessible covering this topic.
The Intellectual Property Office of Singapore is the authority responsible to control applications for trademark registrations. The process is split into the following steps:
Classification of Goods and Services
The scope of trademark registration is determined by the goods or services concerning which the trademark is registered. For trademark registration, Singapore uses the International Classification of Goods and Services according to the Nice Agreement to classify trademark registrations.
The Nice Agreement is an international agreement on the classification of goods and services of which Singapore is a party. This classification places out a list of goods and services. There are a total of 45 classes out of which of 34 classes of goods and 11 classes of services.
The Nice Classification is used in more than 140 countries worldwide and international applications for the registration of marks under the Madrid Agreement and Protocol.
Benefits of Trademark registration in Singapore
What Is Included In Our Package?
- Application Preparation
- Name search & approval
- Application Filing
- Same day Filing
|Trademark Consultancy on Class and Availability||Free|
|TM Application Filing + Drafting (Our Fees)||$ 699|
|Total Cost||$ 699 + Govt. Fees|
Power of Attorney & Validity of Trademark in Singapore
A power of attorney is 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 every 10 years can be renewed frequently.
And upon the agreement for the protection of IPOS, the trademark will be protected within the term of 10 years computed from the registration date of the trademark and may be renewed consecutive many times.
A grace period of 6 months counted from the expiration date of the trademark will be provided to the owner of the trademark for late renewal. But, in case the owner of the trademark does not renew the trademark within the grace period, the validity of the trademark will be discontinued after such a period.
Before investing in a name, brand, logo, slogan, or symbol, it’s recommended to carry a precise search to avoid possible trademark infringement. A comprehensive trademark search benefits save costly disputes and the chance of losing your rights in the future.
Protect your registered marks by actively controlling trademark infringement. You can reject applications that may infringe upon your marks. In-country like Singapore trademark search is very important to avoid and misconducts and misleading.
Our trademark experts will generate search procedures and conduct a precise search on similar or possible trademarks. We prepare a complete report together with our professional opinions on the availability of registrability. The report will be sent to you electronically.
Search you trademark in 3 simple steps:
Trademark Protection in Singapore
A registered trademark protects your company’s products and services from infringement, copying, and duplication through assuring that your business has the exclusive right to practice the mark while preventing counterfeiters and opponents from misleading your products and services. Additionally, violation of a registered trademark is supposed a criminal offense under the Trade Marks Act.
Protection for enrolled trademarks has statutory protection in Singapore under the Singapore Trade Marks Act by which the registered owner has exclusive treatments available to him/her if his trademark or brand is infringed. Violating the rules of the trademark involves counterfeiting of products or services, importing and selling counterfeit goods, copying, duplicating, and infringing the unique trademarks. Such sort of trademark infringements can be reported to police, by making a complaint the police, courts, and law can protect your trademark in Singapore.
To apply for international trademark protection in Singapore, the applicant needs to register an application in the countries involved either individually or by the Madrid Protocol. The Madrid Protocol provides a trademark owner to take protection for his trademark in various countries together by filing 1 application with a single office. Under the Madrid Protocol, a trademark must 1st be registered or applied for in the country of origin before filing for an international application.
If you are interested in applying for a trademark or want to understand more about the procedures involved with registering a trademark in Singapore, contact us. Our team in Singapore can help you with all the data about the process, documentation, and registration of your trademark in Singapore.
Risks of Non-Compliance
If you see that your trademark has been used without your authorization, you may apply your rights under the Trade Marks Act. In an action for infringement of a registered trademark by the owner of the trademark, the court may permit the following kinds:
Account of profits
In a case where subsection 5 applies counterfeit trademark, the imposition of statutory damages.
In certain circumstances, the court can also order the cancellation, disposal, or delivery up of the infringing goods.
Frequently Asked Questions
• Trademark Filing an Application / Examination
• Trademark Publication, Registration, and documentation
• Estimated Time Frame for a Smooth Trademark Application
• Clear graphical design of your trademark.
• A list of goods or services in relation to which you wish to register your trademark.
• Declaration of your use of or intention to use the mark.
Class 36 is for charitable fundraising services.
Others under class 41 as social club services that arrange organize social services.
Trademarks, for example, Coca-Cola, HP, Canon, Nike, and Adidas fill in as a sign of source of the merchandise and also a sign of value.
Registration of an organization or business name under the Companies Act does not in itself give security against other people who may begin utilizing identical or comparative imprints.
- Trademark: Business and item proprietors petition for a trademark. It ensures a name, word, motto, image, outline, or potentially picture recognizing a business or mark and recognizing it from others in a similar field.
- Copyright: It can be looked for by creators, craftsmen, choreographers, draftsmen, and other creative experts. While a thought can’t be copyrighted, the tangible form of a thought can be. This incorporates unique works of origin, photos, models, choreography, building works, sound chronicles, movies, and other innovative works.
- Patent: Innovators and designers file for licenses. A patent secures inventions with another or enhanced capacity. This incorporates machines, procedures, or substance pieces, or the plan for some item.
The rights of common law trademark go directly to the business that uses the trademark first. Also, you can just authorize a common law trademark in the geographic region where the trademark is utilized.
Advantages to registering your mark:
- Across the nation security
- The assumed legitimacy of the mark in the event that you need to sue
- Extra cures in court
- May expand the reputation of your organization
- Registration with the authority will dishearten others from attempting to utilize your mark
The authority will not approve every name for a trademark. Under trademark law, names can be placed into four general categories:
Generic terms, which will never be equipped for Registration. A Generic expression is a term, the importance of which is synonymous with the products (or services) themselves.
Such nonexclusive terms are unequipped for recognizing the products or services of one substance from those of another
A mark is descriptive on the off chance that it is descriptive of: the nature or quality of the merchandise; the planned reason or capacity of the services; or the end impact upon the client.
However, these terms cannot get Federal Registration unless, over a time of years, the terms have obtained an extraordinary, identifiable significance in the brains of the public (that is, an “optional importance”
A “Suggestive” mark is one which only recommends some quality or characteristic of the services. On the off chance that the mark is resolved to be suggestive, and non-descriptive, the mark is qualified for Federal Registration and to the same security as a “distinctive” mark.
You should bend over backward to create arbitrary and fanciful Trademarks.
Suggestive terms make for exceptionally frail trademarks and ought to stay away from at whatever point conceivable.
- Distinctive or Arbitrary or Fanciful
Usually, the most effortlessly Registerable and protectable mark are those which are viewed as “distinctive”.
Between the two extremes lie “Suggestive Marks” and “Descriptive Terms”.
Descriptive and generic terms ought to never be utilized as trademarks.
An exertion ought to be made to stay away from use in the trademark of terms which have a particular significance in the pertinent business since such terms tend to make a mark either descriptive or suggestive.
For trademark or trademark registration in Singapore, the applicant needs to prove the information such as:
- The actual mark you want to use.
- The date you first use used the mark in commerce.
- The date you first shared the mark anywhere.
- Copy of the proof which shows you are using the particular mark in commerce.
- The full official and legal name of the owner of the mark.
Mark can be a picture of your product or a website advertising your services.Kinds of marks are:
It refers to the name, logo, or slogan related to the sale of goods.
- Service Mark
It refers to the name, logo, or slogan related to the services.
The search will help to avoid the duplication of a similar trademark registration in Singapore.
If you go ahead without search then remember if your application gets rejected the fee will not be refundable by authority
A mark for your logo protects the exact shape, color, orientation, stylization. Moreover, people are much likely to change their logo, not their name.
You cannot rely on the ability of the trademark with the authority as a guarantee that your state will let you use that name as a corporate name.
- Determine whether you are selling goods or services.
- Focused on the finished product to the consumer, not on the ingredients of goods and services.
- Try to be accurate as possible because if you file in the wrong class it may become the reason for the rejection of your application by authority.
- From TrademarkCart’s drop-down menu select the most accurate category.
- Don’t be too narrow or too broad because it might become the reason for the rejection of your application.
- Do not use the phrase such as:
- Such as
- Avoid repeating the broader category name.
- Avoid the terms that fit into multiple categories.
- Try to use simple English.
A company could have a trademark name on goods or services but not have acquired the domain name. The availability of domain name is one of the main parts of comprehensive search which TrademarkCart perform for you to determine the strength of the brand name or slogan.
- When your mark will be registered it will protect it nationwide.
- When your mark will be registered it will protect it nationwide.
- You will receive the right to the exclusive use of the mark nationwide.
- It will stop or restrict other to use your mark.
- You will receive the right to use the symbol of the Registered trademark.
There are few words, symbols, or terms because of which you need to disclaim the part of your trademark are given below:
- Well known symbols
- Compressed compound wording
- Informational words
- Merely descriptive words
- Generic words
- Geographic terms
- Misspellings from telescoped words
- Foreign wording
- Multiple words disclaimer.
It is the most common question we receive from bands and other musicians that what class they can use? You can register for several classes such as:
- Entertainment service
- Sound recording
Each of them will cost $275 as a fee to the authority
Trademark is just to identify the source of Goods and services so it does not apply to the single book or story. However, if you have series than you will able to trademark the series. Copyright applies to books or other literary works as it stops people from copying your story.
What do I need to do to protect my mark after it is registered?
Once appropriately enrolled, you should document your first Declaration of Continued Use between the fifth and sixth commemoration date of your filing. Your next renewal will fall between the ninth and tenth year. From that point forward, you need to renew the mark at regular intervals of 10 years.
Rights you have on the off chance that you file on the Supplemental Register
- Utilize the ® image
- Put others on seeing that you are as of now using the mark
- File a trademark encroachment suit in a government court
- Keep others from getting confusingly comparable marks from the authority – even on Principal Register.