Introduction to Singapore Trademarks

Trade Mark registration in Singapore is a fundamental aspect of protecting a business’s brand identity and intellectual property. A registered trade mark gives the owner exclusive rights to use the mark in relation to the goods or services for which it is registered.

This exclusivity helps businesses safeguard their brand from unauthorized use by others, helping to ensure that their reputation and market position are preserved.

Registrability Requirements for Trade Marks in Singapore

The Intellectual Property Office of Singapore (IPOS) is responsible for receiving trade mark applications and registering them in Singapore.

In order for a trademark to be registered in Singapore, the mark must meet a number of requirements:

1. Distinctive Character: The trademark must be distinctive, meaning it must be capable of identifying the goods or services as originating from a particular source. Marks that are generic, common or descriptive of the goods or services may not be registered. For example, a trade mark that merely describes the quality, quantity or characteristics of the goods (e.g., “Size 10” for shoes) is unlikely to be considered distinctive and may not qualify for registration.

2. Non-Descriptiveness: A trademark should not directly describe the goods or services it represents. Descriptive marks, such as those that refer to the nature, quality or intended purpose of a product or service, are generally not registrable unless they have acquired distinctiveness through use over time. For example, a term like “Quick Clean” for a cleaning service may not be registered unless there is proof that the mark has become widely recognized by consumers as identifying a specific source.

3. Non-Deceptiveness: The trade mark must not be deceptive or likely to mislead the public about the nature, quality or geographical origin of the goods or services. For example, a trademark that falsely suggests a product is made in a particular country when it is not is not registrable.

4. Not Identical or Similar to Existing Trade Marks: The trade mark must not be identical or confusingly similar to an existing registered trademark for the same or related goods or services. This is to prevent consumer confusion and protect the rights of existing trade mark holders.

5. Not Otherwise Prohibited Under Law: The trademark must not contain elements that are prohibited under Singapore law, such as offensive, immoral or scandalous matter. Additionally, trade marks that are contrary to public policy or accepted principles of morality are not registrable.

Registration Process for a Trademark Application in Singapore

The trademark registration process in Singapore begins with the filing of an application with the Intellectual Property Office of Singapore (IPOS). The trade mark application must include details of the trademark, the goods or services it will be used for and the relevant class or classes under the Nice Classification system. Once the trade mark application is filed, it gets given a trademark application number.

Following this, formalities examination takes place. The application is then subject to examination by a trade mark examiner at IPOS.

The Examiner conducts a search to identify prior identical or similar marks on the register or being applied for. The Examiner will also check whether the mark falls into the areas not allowed by law, for example, marks that are devoid of any distinctive character.

During the examination process, the trademark examiner may send the applicant one or more examination reports, setting out objections raised by the examiner. The applicant is given an opportunity to submit arguments against the objections issued by the examiner, amend the specification of goods or services or provide further documents or evidence, or any combination of these. Any amendment of the specification of goods or services must not extend the specification beyond what was originally filed, and any amendment of the trade mark cannot substantially affect the identity of the trademark in the form it was originally filed.

Once any objections have been overcome, the application will be accepted and published in the Trade Marks Journal. Any interested party may oppose the registration of the mark within two months of the publication if they believe it conflicts with their existing rights. If there is no opposition, or if an opposition is resolved in favour of the applicant, the trademark then proceeds to registration and a certificate of registration is issued to the trade mark proprietor.

The date of registration of the trademark is back-dated to the application date.

Term of a Trade-Mark Registration in Singapore

A question we are often asked is: “how long does a registered trade mark last in Singapore?”

A registered trademark in Singapore is valid for an initial period of 10 years from the date of application. The registration may be renewed indefinitely for additional 10-year periods provided the renewal fees are paid. There is no limit to the term of protection of a registered trade mark, provided the renewal or maintenance fees continue to be paid.

Requirement for Use of Trade Mark in Singapore

Any third party may apply for the revocation of a trade mark on the grounds of non-use. A registered trademark may therefore be cancelled if it can be shown that it has not been used with 5 years from the date of registration, or if used, such use was suspended for an uninterrupted period of 5 years of more.

It may also be possible to revoke a registered other than on the grounds of non-use, for example, where the mark has become generic in respect of some of the goods or services for which it has been registered, or where it has become misleading.

Conclusion

In conclusion, trade mark registration in Singapore is a vital step for businesses to protect their brand identity and ensure that their trademarks are legally recognized and enforceable. By meeting the registrability requirements and following the proper registration process, businesses can secure their trade marks and safeguard their market position in Singapore and beyond.

Questions?

If you have any questions on trademarks, please get in touch with us.