TRADEMARK REGISTRATION IN SINGAPORE

Introduction:

Intellectual Property is the creation of mind or intellect and anything created by using application of mind is called its intellectual property. A trade mark is a mark/symbol that a person or a company uses to set his goods or services apart from those of others in the course of his business or trade. Any letter, word, number, device (drawing or design), name, label, feature of packaging, form, colour, sound, or a combination of these things can be used as a trademark.

The trademark law in Singapore is regulated by the Trade Marks Act 1998 (2020 Rev. Ed.) together with Trade Marks Rules and Trade Marks (International Registration) Rules.  In Singapore the trademarks are divided into three categories, the categories being Conventional Trademarks which includes words, pictures, graphics or their combination; non-conventional trademarks which includes sound, 3D Shape, colour; packaging and so on; and collective/certification mark. The country follows NICE Classification to classify goods and services. At present there are a total of 34 classes of goods and 11 classes of services.

Application process for registration of trademark:

Public Search: It is always advisable to conduct a public search from the database maintained by the Registry of Trade Marks prior to filing application for the registration of the mark. It will detect if any similar/identical mark for similar business is already registered or is in process of registration.

Filing: An application for the registration of trademark must contain a request for the registration of a trade mark, name and address of the applicant, a clear representation of the trade mark and list of goods or services to which the applicant seeks to register the trade mark[1]. A statement regarding consent to use and apply the mark along with statement of bonafide intent to register the mark must be provided along with the application. Filing process is complete only once the fee is paid, the fee is $ 280 per class of goods/services. Visit the e portal “IPOS Digital Hub” to file application for registration of trademark.

Examination[2]: Once the filing is done, the registrar examines the application to ensure that the application made complies with the provisions of the trademark act. If conditions are not met or that additional information or evidence is required to meet those requirements, the Registrar must inform the applicant and give the applicant an opportunity to amend the application within prescribed time (2 months). The examiner will either accept the application or refuse the application or in some cases may provide one more opportunity to amend application or provide pending documents.

Publication[3]: Once the registrar accepts the application, the same is put up for publication. Any person may within two months file notice of opposition to the registrar.

Registration: If no notice of opposition is filed within prescribed time or the opposition proceedings if any are withdrawn or decided in the favour of the applicant, the Registrar must register the trade mark by issuing a Certificate of Registration.

Conclusion:

It generally takes twelve months’ time from the date of application to registration provided no objection or opposition is filed in between. The registration is granted from the date on which application for registration was made. Once the mark is registered, the registration is granted for a period of ten years which can be renewed to further ten years.

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[1] Section 5 of the act.

[2] Section 12 of the act.

[3] Section 13 of the act.