Trade Mark Registration in Singapore
What if someone steals your trade mark or uses it without your permission? Can you stop these copycats? Yes! If you haven’t done so, initiate the trade mark registration process with the Intellectual Property Office of Singapore (IPOS). The best way is to register your trade mark and then reveal it to the world.
What is a Trademark?
A trademark is a word, logo, text, or combination of all these that help your customers identify your goods and services from your competitors. Trade mark registration in Singapore gives you exclusive rights to use it for ten years. You can renew the registration and keep on using it.
Your trade mark must be unique and not similar to the existing ones. A deceptive trade mark will confuse customers, including your own. Such a trademark will never get approved. And somehow, if it gets approved and others complain about it, it may cause legal issues.
The Trade Marks Act in Singapore governs trade mark registrations, rights, and enforcement. The act helps protect and manage your trade mark in Singapore.
Is your trade mark valid outside of Singapore?
Yes!
Singapore is a party to the Madrid Protocol. Your application for the Singapore trademark registration gives you a trademark mark valid in up to 130 countries.
Process for Trade Mark Registration in Singapore
The process to register a trademark in Singapore is straightforward and simple to execute. The steps are as follows:
Step 1: Design Your Trade Mark
You can try your hand at designing your trade mark at its simplest in an image editing software. However, it can get complicated if you want a detailed and unique trade mark. Most business owners find it helpful to hire a designer. Ask them for a few variations.
Check your trademark against the prescribed registration requirements so as to avoid being rejected by the authorities.
In the application, include all the important details of your trade mark. Include specific colours, shapes (in 3D), text, and position that make your trade mark unique.
If your trade mark is in audio format, include an audio file and musical notations describing it.
Step 2: Choose the Products & Services You Want Trademark for
You have designed a graphical trade mark to associate it with specific goods and services. In your application, provide the classification numbers and specify specific goods and services in that classification.
You can refer to 45 different classes of goods and services and choose multiple classes. These are listed in the Nice Classification of Goods and Services.
If you are in doubt about where your trade mark fits in, refer to IPOS Class Headings. However, use them as a reference and not as commandments.
Step 3: Research Existing Trade Marks
The registration fee for the trade mark is non-refundable. So before applying to register yours, visit the IP²SG website and research the existing trademarks.
Check if any mark similar to your trade mark exists. IPOS has the last word when it comes to trade mark approval.
Step 4: File the Trade Mark Registration Application
Many business owners hire a company secretarial services to handle the registration application. These professionals know the legalities involved and are experts in handling them.
You can apply for your trade mark online on the website IP²SG or send a paper application via post, or, submit it at the Intellectual Property Office in Singapore.
Submit the following details with your trademark registration application:
- Personal details: if want to register a trademark as an individual
- Company details
- Trade mark graphics
- Device, product or service used with the trade mark
- Describe your trade mark (such as sound or a hologram)
- Declaration to use your registration mark judiciously
You can submit one application for many classes or separate one for each class. The fee is charged per class, so it remains the same. However, if your multi-class application gets stuck for some reason, it will delay the registration of the trade mark for all of the classes you have chosen.
Check your application before submitting it, as you can only effect minor changes afterwards.
Step 5: Pay the Trademark Registration Fee
After submitting the application, you will receive instructions regarding the fee in 3 days. The fee is charged per class of goods and services. You can pay it online via IP²SG.
They are as follows:
- The fee for manual filing is $374
- The fee for online filing is $240 (for goods and services from a pre-approved database) or $341 (if you use your specifications not in a pre-approved database)
- The fee for amending your application is $40 (as directed by the examiner)
Step 6: IPOS Tags Application with a Trade Mark Number
After receiving your application and fee, the IPOS tags it with a unique trade mark number for tracking purposes. Its submission date is used to establish trademark’s priority.
IPOS then checks if your trademark fails to comply with any legal requirements. If it does, they inform you and put in a time-frame for resolving the problem.
If you fail to answer them within the deadline, the application is rejected. To avoid this, see if you can get an extension.
Step 7: IPOS Publishes Your Trade Mark
If there are no objections, IPOS publishes your application in the Trade Marks Journal. The interested parties have the next two months to file a notice of opposition.
If there is an objection, you must provide the counter-statements. You have to pay $360 per class to make an online counter-statement.
Step 8: IPOS Registers Your Trade Mark
If all goes well, IPOS will register your trade mark and issue you a certificate. It is registered from the submission date of your application.
You must apply to renew your trade mark 6 months before its expiry date by paying $380. Later, you must pay $610 per class for online filing.
Priority Claim
If two entities apply to register the same trade mark, the entity that applied first has the priority claim. However, both countries must be members of the Paris Convention or the World Trade Organization (WTO). In addition, you must indicate in your application that you want to claim priority.
Protecting Your Trademark All Over the World
To register your trade mark outside Singapore, you can file an additional application with the IPOS. It is better than applying separately in every country. The consolidated international protection is valid in countries that are members of the Madrid Protocol.
As per this protocol, you must:
- The fee for manual filing is $374
- First, register a trade mark or apply for it for the same goods and services in Singapore
- Be a Singapore national or a resident or own a business here
You have to pay two fees to apply for international trade mark registration. You must pay a fee of $250 to IPOS. The World Intellectual Property Organisation (WIPO) fee varies depending on the trademark and the number of classes.
Once approved, your trademark will be added to the international register. It will be valid worldwide for 10 years. You can renew it. However, if your Singapore trademark registration is cancelled or revoked, you will also lose your international registration.
We can assist you in trade mark registration. Contact us at +65-6536 0036 or email us at info@sbsgroup.com.sg to discuss your trademark registrations with our experts.
