The modern Singapore Trade Marks Act was passed in 1998 to meet the city-state’s obligations under the Paris Convention for the Protection of Intellectual Property. Trademark registration in Singapore is handled by the Intellectual Property Office of Singapore (IPOS), a statutory board under the Ministry of Law.
Singapore is currently a signatory to the following relevant international conventions:
Paris Convention
Berne Convention
Madrid Protocol
Nice Agreement
Patent Cooperation Treaty
Budapest Treaty
WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty
International Convention for the Protection of New Varieties of Plants otherwise known as the “UPOV Convention”
The Geneva Act (1999) of the Hague Agreement concerning the International Registration of Industrial DesignSingapore Treaty on the Law of Trademarks
The purpose of this guide is to provide an introduction to Singapore’s Trade Marks Act and the trademark registration procedure in Singapore.
Singapore Trademark Act – Key Features
Although it is not mandatory to register a trademark in order to use it under Singapore law, a trade mark registration adds great value to a business. By filing for trade mark registration, the trade mark owner obtains a right to ownership and the right to prevent others from using a similar or identical mark without the owner’s permission.
Key features of Singapore’s Trade Marks Act include:
Trade mark registration under the Trade Marks Act is only effective in Singapore. Trade mark protection is territorial and therefore, to obtain trade mark rights and protection in other countries, it is necessary to register the trade mark in those countries or pursue international trade mark registration through the Madrid Protocol. As Singapore is a contracting country under the Madrid Protocol, an international application may be filed through IPOS in Singapore after the trademark has been filed in Singapore.
A trade mark must be capable of being represented graphically. This sign can be any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or a combination of these. Unlike jurisdictions like the United States, the Singapore trademarks regime does not require evidence of use to be filed before a trade mark registration is granted.
There is no time limit for filing according to the Trade Marks Act. However it should be noted that a suit for an infringement of a registered trademark is only possible if the trade mark is registered. A trademark registration takes effect from the date of filing. The validity period of a registered trademark in Singapore is 10 years, and can be renewed indefinitely at the end of each 10-year period.
With the introduction of service mark registration, the classes have been extended from International Classification 35 to 45. As a result of the inclusion of service marks, the search for prior rights will now extend to cover: with respect to trade marks applied on goods, those services which are closely related to the goods for which registration is sought, and, with respect to service marks, the examination will include marks for goods which are closely related to those services.
Trademark registration procedure
The registrar of trademarks in Singapore has the duty of examining each trademark application to see if the trade mark is registrable. The registration process can take anywhere between 8 – 12 months, depending on whether there are objections or any other difficulties encountered.
Although, the owner can file a trade mark application directly, it is highly recommended that you engage the services with us to register your trade mark due to the complexity of paperwork and the procedure involved. Benefits of hiring us include:
You will be able to minimize the likelihood of your application being rejected due to incomplete or incorrect filing.
A professional firm would be able to respond competently to any clarifications sought by the trademark registrar or to any objections made during the trademark examination process, which can assist to increase chances of a successful registration.
You will save a tremendous amount of personal time and effort required.
Contact Us
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