Trademark Registration in Singapore
Trademark is a form of Intellectual Property that is inevitable for any business trying to build its brand image among customers. Consumers subconsciously link your brand with the unique phrases and graphic images that you use to represent your business, and these marks become so entwined with your business over time. Trademarks protect these unique phrases and images, preventing competitors from using your brand image. Let us look into how to register a brand name at the Intellectual property Office of Singapore (IPOS).
Trademarks registered under Singapore TradeMarks Act are valid only in the region of Singapore. However, once businesses file for a trademark in Singapore, they can opt to submit an international application through the Madrid protocol.
Trademarks in Singapore are valid for ten years. Hence, one must never forget to renew the trademark once in 10 years.
Trademark registrable criteria in Singapore
Businesses should ensure that their trademarks adhere to the following criteria to be registrable in Singapore:
– The mark should be distinct,
– One should be able to represent it graphically,
– The mark should enable consumers to distinguish the business from other similar services,
– The trademark should not be similar to an existing trademark,
– It should not contain descriptive words representing a product or service or a common word in any trade or language.
Steps to register a brand name in Singapore
Identify the class of filing
The Intellectual Property Office of Singapore (IPOS) classifies goods and services under 45 classes as per the International Classification of Goods and Services (IGCS). An applicant should carefully select a suitable class under which he can register his business. Moreover, applicants should not only select the class for registration based on the existing business. They should proactively apply for trademarks in classes that they are likely to venture into. Furthermore, the Intellectual Property Office of Singapore allows registration under multiple classes if their business caters to a diverse range of goods and services.
Trademark search
The IPOS will not refund the application fee for trademark registration. Hence, applicants should do a previous search in the Singapore Registry of Trademarks and check if their trademarks conflict with any other existing trademarks.
Filing trademark application
We can file trademark applications in Singapore manually or through online. The applicant should fill in details such as their name, address, and a graphical representation of their trademark. He should list the products or services that he requires a trademark and the intention of usage of the mark.
The application fee varies as below:
– Manual filing fee of $374 per class of services or products.
– Online filing fee of S$240 per class of pre-approved services or products.
– S$341 per class for online filing of services or products that are not in the database.
Filled applications will proceed to the examination stage. The applicant will receive an acknowledgment letter, and the office will issue a trademark number to the application. If there are any amendments in the application, the Registrar will notify the applicant through a deficiency letter. Hence, one should complete the amendments within the two months deadline. Or else the application will be dropped by the IPOS and deemed never to have been made.
Examination of Application
The IPOS will examine the application to ensure that the mark is registrable. Besides, if the trademark contains a pharmaceutical product, the examiner will ensure the mark is not an International Non-Proprietary Name (INN). The World Health Organization gives a set of INNs that are generic names for certain pharmaceutical compounds. If the mark complies with the Singapore TradeMarks Act, the office shall publish the application in the Trade Marks Journal.
At times the examiner might raise objections or suggest amendments to the application. In such cases, the applicant will receive a detailed examination report. Hence, the applicant should make the relevant amendments or submit information through Form TM27.
The office charges S$40 per class if there are any specification amendments. Besides, for other amendments, it charges S$40 per class. Sometimes, there may be additional service charges for manually filled applications.
The IPOS offers four months time window to respond to such objections. If the applicant fails to respond within this time window, the office considers the application withdrawn.
Publication in Trade Marks Journal
Once the application overcomes the examiner’s objection, IPOS will publish it in the Trade Marks Journal. It will be available for public scrutiny for two months. Any interested party can oppose it if they find any issues with the trademark. In such cases, the applicant will receive a copy of the notice of opposition. Accordingly, the applicant has to submit a counter-statement to the objection. The IPOS will decide after hearing from both parties.
Registration of Trademark
Once the application successfully overcomes the objection, the trademark will proceed with registration. Finally, the applicant will receive a registration certificate.
The trademark registration process in Singapore takes around 8 to 12 months. In Singapore, we can file an infringement suit only if we register the trademark under the Singapore Trademarks Act. Hence, businesses trying to protect their uniqueness, goodwill, and brand reputation must register for a trademark in Singapore. Intepat can help you to protect your brand name in Singapore.
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