Singapore Trademark Registration Process

Ashish M. Shaji

10 Dec, 2020

You will find the trademark registration process in Singapore transparent and straightforward as it’s a country that is known for its efficiency. In this article we will discuss the Singapore Trademark Registration Process in detail but before that let’s have a brief understanding of Trademark.

What is Trademark?

Trademark can be in the form of a letter, word, signature, numeral, heading, shape or a combination of these which is used in the course of a business. Trademark enables distinguishing the goods and services of an individual from others. It may be noted that a registered trademark is a type of a property and it can be licensed or assigned. 

Singapore Trademark Registration: An Overview on Singapore Trademark Law

You can register a trademark in Singapore and it would allow the trademark to be preserved under the Trademarks Act. You can also ask for protection without registering it under general law of passing off. In the year 1998 the government of Singapore passed the Singapore Trademarks Act with a view to join the Paris Convention.

It is a member of various other international conventions like the Madrid protocol, NICE agreement, Patent Co-operation treaty, WIPO Copyright treaty. Businesses should register their trademark in Singapore as it would protect your company’s brand. A registered trademark lasts for 10 years period and it may be licensed or traded to others. It can only be revoked in case where the owner doesn’t use it within 5 years of registering the trademark.

Singapore classifies products and services as per with the Nice classification, sometimes associated to the International Classification of Goods and Services. Beyond 150 countries including Mainland China, is part of Nice Classification. It is great for countries as they can co-operate across borders and also support each other in times of IP related conflicts.

What are the basic requirements for registering your trademark?

In order to register your trademark in Singapore, the following requirements must be met:

• The intended trademark should be unique and not descriptive.
• The intended trademark should not be similar to the trademark that is already being used in Singapore as it may confuse public or deceive them.
• It can’t be opposed to public policy or morality.
• Such trademark should be registered in genuine faith.

Documents required for Singapore Trademark Registration

The following documents/information is needed for registering your Trademark in Singapore:

• Application form (TM-4);
• Power of attorney (TM-1);
• A list of goods or services that follow the Nice International Classification;
• The name, address and country of the applicant; and
• In case of marks that include non-English words, a certified translation.

Singapore Trademark Registration Process

In Singapore, a Trademark goes through the following process before it’s registered:

Step-1

Preparation and Submission of Application

To begin with you are required to submit an application form and the following information should be included in it:

• Name and address of the applicant;
• Graphical representation of intended trademark;
• List of goods and services that you seek to register; and
• A declaration on how you will use such trademark.  

The application should be submitted with fees as prescribed. The fees depend upon the different class of goods and services and it also depends on the mode of filing of the application.

Step-2

Examination

Once Step-1 is completed, the application for registration moves onto next step where the examiner examines the mark to know if it can be registered or not. The examiner may also advise for an amendment to the application if required.

In case where the steps prescribed by the authorities are not followed, the application can be withdrawn therefore you are advised to seek the help of a professional for filing the application. 

Step-3

Publication in Trademark Journal

As and when the trademark is accepted by the examiner for trademark registration, it is then published in the Trademark Journal. The trademark will undergo an inspection in Trademarks journal during 2 months period.

Step-4

Opposition

If the Singapore trademark application is unopposed by any third party, the application moves towards receiving a registration certificate and in case where the application for Singapore Trademark Registration is opposed, an intimation shall be sent to the original applicant. The application will lie suspended until the opposition proceedings are finished.

Step-5

Certificate of Registration

In case where no opposition is raised or if the opposition raised has been dealt with in favour of applicant, then a certificate of registration shall be issued. It shall be issued by the Intellectual Property Office of Singapore.

Validity of Singapore Trademark Registration

It may be noted that your trademark is granted protection for a period of ten years. It can be renewed afterwards as well. For renewing the registration, the required forms and fees should be submitted.

What are the benefits of Singapore Trademark Registration?

The benefits of Trademark Registration are as follows:

• Legal Rights

Registering your trademark gives the applicant rights and the business, to control the use of that Trademark.

• Branding

Registering your trademark will prevent others from using your mark to deceive the public. It will also prevent others from benefiting economically from the market value or goodwill that the original owner has earned.

• International Legal protection

One of the significant benefits is that any claim made by the owner against the infringing party can be enforced beyond the borders of Singapore.

• Tax Rebate

The government of Singapore^[1] provides up to 400% tax rebates to the owner of trademark as part of the Productivity and Innovation credit scheme. This is given to offset costs that an owner incurs hen registering trademark with the authorities.

Conclusion

Read our article:Company registration in Singapore: Requirements and Procedure