+91-9825600907

Trademark in Singapore

A trademark is anything that is used in the course of a business or trade to set one person’s goods or services apart from those of others, including a letter, word, name, signature, numeral, device, brand, heading, label, form, color, an aspect of packaging, or a combination of these. Trademarks also develop a strong memory value and a large monetary worth over time. The right to use a registered trademark is property, and it can be licensed or transferred.

How can a trademark be recognized?

® and TM are frequently used symbols to designate trademarks. The following characteristics distinguish the two symbols-
  • TM simply indicates that the mark is being used as a trademark by the owner, but the mark is not necessarily registered or protected under trademark rules.
  • ® refers to a registered and protected trade mark in accordance with trade mark regulations.

Why should a trademark be registered?

A trademark that has been registered gives its owner significant benefits and priority rights when registering the mark in other jurisdictions as well as the legal right to use and capitalize on the mark in the jurisdiction where it was registered. Some of the main advantages are as follows-

  • Right to exclusive use of the mark;
  • Preventing others from copying it;
  • Benefiting from the rising market value of the mark;
  • Quality assurance for your clients;
  • Branding via mark recognition;
  • License for commercial use by third parties thus creating a source of income;
  • Tax rebates of up to 400% from the Singaporean government under the Productivity and Innovation Credit Scheme to offset costs you incur for registering your mark.

What steps make up the registration process?

We can help you from beginning to end when submitting a Trademark Registration Application because to our extensive experience registering trademarks for a variety of businesses. The following are the steps needed to register-

Step 1- Developing a Unique Trademark
We suggest that you create a unique trademark. Avoid using trademarks that-
  • Indicate the type, quality, amount, intended use, cost, or the time of production of goods or the rendering of services;
  • Are made up of geographical names or surnames;
  • Clash with prior trademarks; or
  • Mislead the public about the nature of the goods or services.

However, you can demonstrate that the mark has been used for a long time and has attained market recognition if you have an existing trademark that you have been using in other jurisdictions but that is likely to infringe any of the standards listed above.

Step 2- Determining the Class of Goods/Services That Applies
The goods or services for which a trademark registration is made determine the scope of the registration. Singapore classifies trademarks in accordance with the Nice Agreement's International Classification of Goods and Services. There are 11 classes of services and 34 classes of commodities overall.
You should take into account both your current business and any businesses you anticipate entering in the near future while choosing the appropriate classes. We will be pleased to assist you in deciding which classes are most appropriate for your company.

Step 3- Making an application
The bare minimum requirements for filing are-
  • A declaration that you want to register.
  • Name and address information.
  • A precise graphic depiction of your mark. Line drawings must clearly display all of the mark's dimensions for marks that take the form of the product's or packaging's three-dimensional shape.
  • A list of the merchandise and services you're registering in connection with the mark (that are classified in accordance with the International Classification of Goods and Services).
  • A statement outlining your planned use of the trademark.

Step 4- Review by the Singapore Intellectual Property Office (IPOS)
IPOS will examine the trademark application after it is received to make sure it complies with the minimal filing criteria. The date of filing and a trade mark number are assigned once the minimal filing conditions have been satisfied. This data is transmitted through the acknowledgement letter.
A Deficiency Letter will be sent to remind you to correct the issue within two months of the letter's date if one or more of the minimum filing requirements are not completed. This timetable cannot be adjusted.
If the applicant fails to correct the errors or does so after the deadline, IPOS will send a letter informing the applicant that the application will be deemed to have never been submitted.

Step 5- Checking for trademark inconsistencies and legality
The registrar will officially search for competing marks, geographical names, and compliance with the international categorization of products and services when the aforementioned process is finished. When it comes to pharmaceutical products, the Registry of Trade Marks must also determine if the mark contains an International Non-Proprietary Name that is protected (INN). The INNs are generic designations for particular pharmacological compounds that are provided by the World Health Organization. The application will be assessed to see if the mark qualifies for registration under Singaporean trademark laws.
IPOS will send a letter outlining the refusals/requirements if the conditions are not met. Within 4 months after the day the IPOS letter was issued, the answer must be submitted. Before the time limit expires, a request for an extension of time must be made if more time is needed to respond to the IPOS letter. The Trade Mark will be regarded as withdrawn if no response or request for an extension of time is received within the allotted time frame.

Step 6- Publicize the advertisement for review
After the aforementioned stage is successfully completed, the application will be published and made accessible to the general public. Any interested person may object to the mark's registration within two months of the publication period. The applicant will be informed of any opposition received by the trademark office and will have the opportunity to comment. After hearing from both parties, a decision regarding the application will be made.

Step 7- Completion of Registration
A Certificate of Registration will be given and the Trade Mark will have ten years of protection if there is no objection or if you win the opposition hearing.

Charges

380 for first-class fees as well as same amount for additional class fees.

FAQ

How long has Singapore had trademarks?
Ten years after the date of filing, a registered trade mark is protected. A trade mark that is registered in Singapore may be renewed once every ten years. It can only be renewed once, starting six months before to the registered trade mark's expiration date, by submitting Form TM19 together with the necessary fee.

In Singapore, can a foreign business register a trademark?
The same requirements do indeed apply when a Singaporean owner registers a global trademark. The Madrid Protocol should be followed by the foreign owner as well. However, he or she can only register the trademark with an agent's assistance.

Is a trademark less expensive than a patent?
The best method to safeguard your brand is through a trademark, which is typically less expensive and time-consuming than filing a patent. But obtaining a patent is worthwhile if you have a special invention. When opposed to a trademark, a patent is often a company's more valuable asset.

How can I trademark in the most affordable way?
Through the Trademark Electronic Application System of the USPTO, online registration is the quickest and least expensive option for trademark registration (TEAS). Keep in mind that each application is limited to one trademark registration.

How much does a basic trademark cost?
You must pay $350 for each class of goods or services if you are submitting a TEAS Standard initial application, for instance. You must pay $700 ($350 plus $350) if you have two different kinds of products. However, because you are only filing for one class, you will only pay $350 if you have many items that fall under the same classification.

What is the Singapore Trademark Act?
In order to comply with the city-duties state's under the Paris Convention for the Protection of Intellectual Property, the contemporary Singapore Trade Marks Act was enacted in 1998. The Intellectual Property Office of Singapore (IPOS), a statutory board under the Ministry of Law, administers trademark registration in Singapore.

How can a trademark be protected in Singapore?
One need just submits their overseas application via the Singapore Intellectual Property Office (IPOS). The trademark should be graphically depicted. Thus, it might be any letter, number, name, brand, word, or combination thereof.

How can I determine whether a trademark has been registered in Singapore?
On the website of the IPOS Digital Hub, you may get a list of all registered trademarks. If you are interested in either of the following: Registering your trade mark with IPOS. choosing a specific trade mark for your company or brand.

What does it cost to register a logo as a trademark?
How Much Does It Cost to Register a Logo? As of June 2020, the cost to register a logo with the USPTO is between $275 and 660, including legal fees. For $50 to $150, your state will let you register a trademark, but federal registration affords much greater legal protection.

Can Indian businesses register there?
With the aid of a local business expert, you can immediately incorporate your company in Singapore from India. Although registering a Singaporean corporation takes less time, there are still a number of rules and regulations that must be followed.

Our Blog

You cannot copy content of this page

error: