What Is a Trade Mark?

A trade mark is a symbol that sets one company’s products or services apart from another. This symbol could be a word, logo, phrase, or a mix. A trade mark must be registered with Singapore’s Intellectual Property Office (IPOS) to be protected, granting its owner the sole right to use it. Ten years are allotted for registration, which can be extended forever. Trade marks should be unique, honest, and not overly identical to already-existing ones. An infringement occurs when a registered trade mark is used without authorization, and the owner may file a lawsuit. Businesses can apply for international protection with just one trade mark application because of Singapore’s involvement in the Madrid Protocol.

The Trade Marks Act governs trade mark registration and protection in Singapore. This law guarantees that trade marks are appropriately managed and safeguarded within the jurisdiction by outlining the legal framework for trade mark registration, rights, and enforcement. Singaporean trade mark law guarantees the legal procedures and safeguards necessary for efficiently administrating and enforcing trade mark rights.

Procedure for Registering a Trade mark

Singapore’s well-defined trade mark registration process guarantees that your mark is legally protected. Effectively navigating this process is essential to safeguard your brand’s identity and legal rights. Applicants must carefully follow the specified stages to register a trade mark. A thorough rundown of the vital procedures for trade mark registration, from the initial application to obtaining exclusive protection, can be found below.

Step 1. Establish a trade mark

The first step is to create a visual depiction of a trade mark. You can hire a designer, type it, or draw it in any picture editing program for more complex work. The image shouldn’t be more significant than the A4 paper size but large enough to guarantee that all features are visible.

Make careful to include any significant information about your trade mark in your application. For instance, if you wish to register an image in particular colours, provide it in colour. If a trade mark has a complicated shape, show the 3D object from several viewpoints. Present it to the registrar if its position on an object is as significant as its shape. For example, jeans pockets with a label and an elaborate sewing line. You will want an audio file and musical notation if you register a sound mark.

Verify that your trade mark satisfies all registration requirements. If not, an application may be turned down.

Since April 15, 2019, non-English words or characters in a trade mark are exempt from the requirement to be translated and transliterated. Therefore, all you have to do is enter your own words and characters in text format; the system will automatically take care of the translation and transliteration.

Step 2: Choose the goods for which you want to register a trade mark

You must choose the items and services for which your trade mark will be registered after creating a graphical representation of it. The trade mark regulations of the nation where you plan to register your brand may influence your search for the correct category of products and services. The worldwide categorization, recognized by many countries, lists 45 distinct classes—the Goods and Services Classification. You provide the class numbers and mention particular products and services you are interested in in the application. You can select multiple classes.

Refer to the IPOS Class Headings to determine which class your trade mark belongs to. Keep in mind that these are merely headings for convenience.

Step 3: Conduct research

Before applying, verify that no one has previously registered a trade mark that looks like yours. Since the registration fee is non-refundable, the applicant will lose the time and money they invested in the application if another business in the same industry already owns a similar or identical trade mark.

Remember that a similar or identical trade mark already used in another industry may not be a threat to you. Legally, you can register “Ouroboros” to make machinery with an entirely different pictorial representation if a trademark for ice cream uses that name. However, IPOS has the last say and will ensure that the two brands are easily distinguished.

Step 4: Save the application

You can apply for a trade mark online or on paper. You can apply in person at the Singaporean Intellectual Property Office or by mail if you prefer paper papers. Remember that online forms are less expensive to file and are completed more quickly.

Items to include in a trade mark registration application:

• Your personal information if you apply as an individual, or your company data;
• Unambiguous visual depiction of a trade mark;
• Description of the trade marked device, or if applicable, a description of the non-traditional trade mark. For instance, if your business manufactures smartphones, state in the application that your trade mark will be placed on the rear of the devices. You must also explain any sound marks or holograms you detect;
• Products and services for which a trade mark registration is necessary;
• Commitment to use the trade mark sincerely.

You can submit separate applications for each class or a single general application for all courses if you register a trade mark for more than one. The cost is unaffected since you pay for each class regardless of the volume of applications. A multi-class application helps to prevent stacks of paperwork for the same trade mark and simplifies registration management. However, the trade mark registration for each class will be delayed if the authorities object to a multi-class application. An applicant’s entire application is rejected if they do not reply to IPOS’s notes by the deadline. Therefore, we recommend submitting multiple applications if there are issues with some of the selected classes.

Examine the application thoroughly. Only minor adjustments can be made after submission, such as altering the applicant’s or agent’s details, such as their name or address, for free.

Step 5: Make the payment

IP²SG is used to make the payments. Within three business days after applying, you will receive payment instructions. The class of products and services you register your trade mark determines the charge. You will be responsible for paying for each of the lessons you selected.

Online filing fees:

• S$240.00 if you select products and services from a database that has been pre-approved;
• If you specify your requirements for goods and services and do not use the pre-approved database, the cost will be S$341.00.

The manual filing fee is S$374.00.

S$40.00 is the fee for application revisions made per the examiner’s instructions.

Every charge related to trade marks.

Step 6: Get a trade mark number and clear the test

The Intellectual Property Office of Singapore gives your application a unique trade mark number after it has been submitted and the money has been paid. Throughout the registration procedure and the duration of its protection, this number is used to monitor the status and specifics of your trade mark. The filing date, crucial for determining your trade mark’s priority, is the day you submit your application.

After that, IPOS checks the trade mark to ensure it complies with the law. Is there deception in the trade mark? Does it lack a description? Does it go against the public’s interests? Is there already a registered trade mark similar to yours? Has anyone previously applied to register a mark identical or similar to yours? Additionally, the examiner verifies that the products and services listed in the application match the Nice Classification.

If there is a problem, the Intellectual Property Office of Singapore (IPOS) will notify the applicant and set a timeline for fixing the issue. The application will be denied if the applicant does not respond by the deadline. Should the need arise, the deadline may be extended.

Step 7: Watch for comments after your trade mark is published

IPOS publishes the application in the Trade Marks Journal if no objections or all objections have been addressed. Any interested party may file a notice of opposition to the trade mark registration during the next two months. The applicant is required to provide a counter-statement in response. Online opposition costs S$374.00 for every class, while online counter-statement costs S$360.00 per class.

Trade Marks eJournal

Step 8: Obtain your registration

IPOS issues a certificate and registers the trade mark once all problems have been fixed. The date you filed your application is known as the registration date.

For ten years, a trade mark is protected. The renewal process must then be followed. The cost is determined by when the renewal application is submitted. The optimum time to apply is at least six months before expiration. The fees for online filing go up from S$380.00 to S$610.00 per class if you apply later.

A Priority Claim: What Is It?

You can have an advantage over other applicants in Singapore if you have applied for registration of the identical trade mark in another nation during the last six months. You have a priority right if someone attempts to register the same trade mark in another nation after the date your application was initially submitted. The country’s original registration must be a World Trade Organization or Paris Convention member. You must specify in a separate part of the application form if you wish to claim priority.

How Can a Trade mark Be Protected Around the World?

Instead of registering in each relevant nation separately, you can submit a second application to the IPOS to register a trade mark and get protection outside of Singapore. Only countries that have ratified the Madrid Protocol are eligible for consolidated international protection. The requirement is that a trademark must be applied for or registered in the nation of origin first. Thus, you have to:

• Possess a trade mark application or registration for the same products and services in Singapore;
• Possess a legitimate and successful business in Singapore or be a citizen or resident of the country.

International trade mark registration entails two payments. IPOS charges an administrative fee of S$250. The type, colour, and number of classes for which a trademark is registered all affect the WIPO charge.

Following the registration procedure, a trade mark will be listed in the international register and have ten years of global protection, with the option to renew. The international registration is contingent upon the validity of the registration in the country of origin for the first five years. This implies that worldwide registration will be cancelled or revoked along with the registration in Singapore.

Important Takeaways

• You can save time and money by properly preparing for registration and doing prior research.
• Use e-service IP²SG to communicate with IPOS online; it’s faster and less expensive.
• Even after submitting your application, look for objections to registering your trademark, to which you must reply.
• After registering your trade mark locally, apply for worldwide protection. Instead of registering a trade mark in each nation separately, submit a single application to IPOS.

Please contact us immediately at GERAI LTD with any questions.