TRADE MARK REGISTRATION SINGAPORE
What is a trademark?
A trademark can be or is a letter, word, name, signature, numeral, device, brand, heading, label, shape, colour, which is an aspect of packaging or a combination of these, then used in the course of a business or trade to differentiate a person’s goods or services from those of others.
Some of the duties and services we provide as a Company Secretary:
- Trade Mark Registration
- Brand licensing (Local/Oversea)
Why do you need a trade mark?
When your trade mark is registered, it grants the owner of the mark, the statutory right to use and exploit the mark in the jurisdiction of its registration and certain priorities and advantages in registering the trademark in other jurisdictions.
Some of the key benefits include:
- Right to exclusive usage of the mark
- Ownership of the mark
- Prevent others from copying your mark
- Benefiting from the increasing market value of the mark
- Quality assurance for your customers
- Branding through mark differentiation
- Able to license it for commercial use by third parties thus creating a source of revenue
- You have up to 400% tax rebates from the Singapore Government under the Productivity and Innovation Credit Scheme to offset costs you incur for registering your Trade Mark.
How long is it valid for?
The registration of a trademark is valid for 10 years from the date of application. However, trade mark can be renewed indefinitely for 10 years at one time by paying the applicable renewal fee so it would be hassle free when you get your trade mark registered from us.
STEPS TO REGISTER A TRADE MARK IN SINGAPORE
Step 1: Creating your unique Trademark
We advise that you design a distinctive and unique trademark that belongs to you.
Do avoid trademarks that:
- denote the kind, quality, quantity, intended purpose, value, the time of production of goods or of rendering of services;
- consist of common surnames or geographical names;
- conflict with an earlier trade mark; or
- mislead the public about the nature of the goods or services.
However, if you have an existing Trademark which you have been using in other jurisdictions but which are likely to violate any of the conditions above, you can prove that the mark is being used for a substantial time and has gained a market recognition.
Step 2: Identify an Applicable Class of Goods/Services
The scope of a trademark registration is determined by the goods or services in relation to which the trademark is registered. Singapore follows the International Classification of Goods and Services as prescribed by the Nice Agreement to classify trademarks.
While determining the applicable classes, you should not only consider the existing business you are in but also any business you are likely to go into, in near future. We are more than willing to assist you in choosing the classes that are best applicable to your business.
Step 3: Application filing
The minimum filing requirements consist of:
- A statement that you request a registration.
- Your name and address.
- A clear graphical representation of your mark
- A list of goods and services that you are registering in relation to the mark (that are classified in accordance with the International Classification of Goods and Services).
- A declaration of your proposed use of the trade mark.
Step 4: Review by Intellectual Property Office of Singapore (IPOS)
Once the trademark application has been received, IPOS will review it to ensure that the application meets the minimum filing requirements.
Once the minimum filing requirements are met, the date of filing is accorded and a Trade Mark number is issued. This information is sent via the Acknowledgment letter.
However, if one or more of the minimum filing requirements are not met, a Deficiency Letter will be sent to remedy within 2 months from the date of Letter. This timeline is not extendible.
In the event that the applicant does not remedy the deficiencies or remedies the deficiencies out of time, IPOS will send a Letter notifying the applicant that the application is Deemed Never to Have Been Made.
Step 5: Examination for conflicts with existing trademarks and Legality
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.
The application will be examined to determine whether the mark is registrable in accordance with Singapore Trademark Laws.
If the requirements are not satisfied, IPOS will issue a letter stating the reasons on the citeria necessary and why they refuse the trade mark. A response must be submitted within a time frame of 4 months from the date of issuance of the IPOS letter. If additional time is needed to respond to the IPOS letter, a request for an extension of time before the expiry of the time period needs to be submitted. If no response or request for an extension of time is received within the stipulated time period, the Trade Mark will be treated as Withdrawn.
Step 6: Advertisement for public scrutiny
When the above step has been completed, the application will be published and made available to the public. Any party are able to oppose the registration of your trade mark in a period of 2 months.
However, if the trademarks office receives an objection from an opponent, the applicant will be notified and must respond. A decision on the application will be made after hearing both parties.
Step 7: Successful registration of trade mark
Congratulations to you. If there is no opposition, or if the outcome of the opposition hearing is in favour of you, a Certificate of Registration would be issued and the Trade Mark would be granted protection to you for 10 years which you may indefinitely renewed again at a later time.
Contact us to register your trade mark today!
You may contact us for registration of your trade mark via our email – email@example.com, via the contact form on the right or call us at +65 68994033