For guidance purposes, the steps involved in Singapore trademark registration are outlined below. If you have hired a professional firm, most of this work will be coordinated by the professionals.
Step 1: Identify class of goods/services
Before an application can be filed with the trademark office, an applicant has to decide on the types of goods/services for which trade mark registration is sought. Goods and services are appropriately classified from classes 1 to 45 under the International Classification of Goods and Services generally referred to as the “ICGS”.
Due care should be taken to ensure that the application is filed under the correct class. It will be necessary to file applications in more than one class, if the applicant deals in a wide range of goods or services.
Step 2: Self-search for possible conflicts
Application fees for trade mark registration are not refundable. Therefore, before filing an application, it is recommended that you first conduct a search of the existing trade marks in the records maintained by the Singapore Registry of Trade Marks. This is to ensure that there is no prior trade mark that is identical or similar to the one you intend to use, particularly in the area of your business.
Step 3: Application filing
The goods and services listed in the application must conform to the International Classification of Goods and Services.
Step 4: Application checking for completeness and compliance
Once the trade mark application has been received, the trade marks office will review it to ensure that (a) the application is complete; (b) it complies with the provisions of the Trade Marks Act; and (c) the necessary fees have been paid. A trademark application number is allocated and will be provided once the application is filed.
If there is any ground for objection, the Registry will notify the applicant about the corrections required along with a specified period of time granted to overcome the objection. If the applicant fails to respond to objections within the granted period, the application would be considered withdrawn.
Step 5: Examination for conflicts with existing trademarks
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. In the case of pharmaceutical products, the Registry of Trade Marks will also need to check whether the mark consists of a protected International Non-Proprietary Name (INN). The INNs, furnished by the World Health Organization, are generic names for specific pharmaceutical substances.
If there are any objections found as a result of the above search, the trade mark registration application will be rejected. If the applicant wants to pursue it further, the applicant will have to modify/amend the trademark and submit a new application.
Step 6: Examination for conflicts with law
After the previous step is complete and successful, the application will be examined to determine whether the mark is registrable in accordance with Singapore Trademark Laws. The examiner will check to ensure that the mark does not fall into the areas not allowed by law, for example, marks that are devoid of any distinctive character.
The applicant will be notified of any objections found and a specified period of time will be granted to resolve the objections.
Step 7: Advertisement for public scrutiny
Upon completion of examination, the applicant will be informed of the acceptance of the application for registration and the application will be published for opposition purposes in the Trade Marks Journal. Any interested party may oppose the registration of the mark within two months of the publication. The grounds of opposition may include issues such as the application is similar to a registered or pending mark, etc.
If the trade marks office receives an objection from an opponent, the applicant will be notified and must respond with a counter-statement to resolve the objection. A decision on the application will be made after hearing both parties.
Step 8: Successful registration
If there were no objections from any party or if all the objections were resolved in favor of the applicant, the trade mark will be registered and a registration certificate will be issued to the applicant.
Contact Us
Having any question? In doubt and need clarification. Feel free to contact us through the following and talk to our professionals:
Email: tannetinfo@gmail.com
Tel: +603-21418909
Wechat:13530066130
WhatsApp: +6019-3090991