Trademark Registration in Singapore
Trademark in Singapore
A trademark in Singapore is a sign that distinguishes a business's goods or services from those of others. It can be a word, logo, phrase, or a combination of elements. To be protected, a trademark must be registered with the Intellectual Property Office of Singapore (IPOS).
Here's the trademark registration process in Singapore:
Singapore Trademark Registration Process Flowchart
Step 1: Trademark Search
Conduct a preliminary search to ensure your chosen trademark is unique and available for registration.
Step 2: File an Application
Prepare and submit Form TM 4 along with the required fees to the Intellectual Property Office of Singapore (IPOS).
You can file online through IPOS's online platform (IP2SG) or submit a paper application.
Step 3: Examination
IPOS examines your application for compliance with registration requirements, including distinctiveness, registrability, and non-deceptiveness.
If issues arise, IPOS may request further information or clarification.
Step 4: Publication
Upon successful examination, your trademark is published in the Trademark Journal for public viewing.
This allows third parties to oppose the registration if they have grounds to do so.
Step 5: Opposition Period
A two-month opposition period is granted for any objections to be filed.
If no oppositions are filed, the registration process proceeds.
Step 6: Registration
If no valid oppositions are received, IPOS issues a Trademark Registration Certificate.
Your trademark is officially registered and protected for ten years.
Step 7: Renewal
To maintain protection, you must renew your trademark registration every ten years.
Additional Considerations:
Priority Claims: If you have filed a similar trademark application in another country that is a member of the Paris Convention or the World Trade Organization (WTO), you may be able to claim priority, which can secure an earlier filing date for your Singapore application.
Oppositions: Third parties can oppose your trademark registration if they believe it infringes upon their existing rights or is otherwise objectionable.
Remember:
The timeframe for each step can vary depending on the specific circumstances of your application.
By following these steps and addressing any potential issues, you can successfully register your trademark in Singapore and protect your brand identity.
Key points to remember:
Registration: Registering your trademark with IPOS grants you exclusive rights to use it in Singapore.
Distinctiveness: Your trademark must be distinctive to be eligible for registration.
Non-deceptive: It should not be deceptive or misleading.
Similarity: It should not be too similar to existing trademarks.
Duration: Registration lasts ten years and can be renewed indefinitely.
Infringement: Unauthorized use of a registered trademark is considered infringement.
Benefits of registering a trademark in Singapore:
Exclusive rights: Protects your brand identity and prevents others from using it.
Legal recourse: Allows you to take legal action against infringers.
Brand recognition: Builds customer trust and loyalty.
Licensing opportunities: Enables you to license your trademark to others.
Business valuation: Increases the value of your business.
To register a trademark in Singapore, you can:
File online: Submit Form TM 4 and fees through IPOS's online platform.
File on paper: Send the application by post or submit it in person at IPOS.
Eligibility Criteria, Application Procedures, and Fees for Trademark Registration in Singapore
Eligibility Criteria
To be eligible for trademark registration in Singapore, your trademark must:
Be distinctive: It should be capable of distinguishing your goods or services from those of others. This means it should not be generic, descriptive, or too similar to existing trademarks.
Be graphically representable: It must be capable of being represented in a clear and unambiguous manner.
Not be deceptive or misleading: It should not be likely to deceive or mislead consumers.
Not be contrary to public order or morality: It should not be offensive or violate public decency.
Application Procedures
You can apply for trademark registration in Singapore either online or by paper submission.
Online Filing:
Create an account: Register on the IPOS online platform (IP2SG).
Prepare your application: Fill out Form TM 4 and provide a clear representation of your trademark.
Pay the fees: Pay the required fees online.
Submit your application: Submit your application through the IP2SG platform.
Paper Filing:
Obtain Form TM 4: Download the form from the IPOS website or obtain it from their office.
Complete the form: Fill out the form accurately and attach a clear representation of your trademark.
Pay the fees: Pay the required fees by bank draft or cheque.
Submit your application: Submit the completed form and payment to IPOS by post or in person.
Fees
The fees for trademark registration in Singapore vary depending on the method of filing (online or paper) and the number of classes of goods or services covered by your trademark.
As of May 2024:
Online filing: $610 per class
Paper filing: $644 per class
You can find the most up-to-date fee information on the IPOS website.
Priority Claims and Oppositions in Singapore Trademark Registration
Priority Claims
A priority claim allows you to claim an earlier filing date for your Singapore trademark application if you have previously filed an identical or substantially similar trademark application in another country that is a member of the Paris Convention or the World Trade Organization (WTO).
Benefits of claiming priority:
Earlier filing date: Your Singapore application will be deemed to have been filed on the same date as your foreign application, giving you priority over subsequent applications for the same trademark.
Protection against bad-faith filings: Prevents others from registering your trademark in Singapore while you are still in the process of applying.
Requirements for claiming priority:
Membership: The country where you filed your foreign application must be a member of the Paris Convention or the WTO.
Filing within six months: You must file your Singapore application within six months of your foreign application.
Identical or substantially similar trademark: The trademark in your Singapore application must be identical or substantially similar to the trademark in your foreign application.
Identical or narrower goods/services: The goods and services covered by your Singapore application must be identical or narrower than those covered by your foreign application.
To claim priority:
Indicate your intention: When filing your Singapore application, indicate your intention to claim priority.
Provide supporting documents: Submit a certified copy of your foreign application and its English translation (if not in English).
Oppositions
An opposition is a legal procedure where a third party objects to the registration of a trademark application. Oppositions are typically filed by individuals or entities who believe that the trademark in question infringes upon their existing rights or is otherwise objectionable.
Grounds for opposition:
Prior rights: The trademark is identical or similar to an earlier trademark that is already registered or applied for in Singapore.
Distinctiveness: The trademark is not distinctive and therefore not registrable.
Deceptive or misleading: The trademark is likely to deceive or mislead consumers.
Contrary to public order or morality: The trademark is offensive or violates public decency.
Procedure for filing an opposition:
File Form TM 14: Submit Form TM 14 to IPOS within two months of the publication of the trademark application in the Trademark Journal.
Pay the fees: Pay the required opposition fees.
Provide evidence: Submit evidence to support your grounds for opposition.
How Bestar can Help
Bestar in Singapore can offer a significant advantage in the trademark registration process. Here's how we can help:
1. Expertise and Guidance:
Legal Knowledge: We possess in-depth knowledge of Singapore's trademark laws, regulations, and procedures.
Strategic Advice: We can provide valuable advice on selecting the most appropriate trademark, ensuring it meets registrability requirements, and developing a strong trademark protection strategy.
Risk Assessment: We can assess potential risks and challenges associated with your chosen trademark, such as conflicts with existing trademarks or potential objections.
2. Efficient Application Process:
Trademark Searches: We conduct comprehensive trademark searches to identify potential conflicts and minimize the risk of rejection.
Application Preparation: We prepare and file your trademark application accurately and efficiently, ensuring compliance with all necessary formalities and requirements.
Communication with IPOS: We handle all communications and interactions with the Intellectual Property Office of Singapore (IPOS) on your behalf.
3. Portfolio Management:
Trademark Monitoring: We can monitor for potential infringements and advise you on appropriate actions.
Renewal and Maintenance: We can ensure timely renewal of your trademark registrations to maintain protection.
Licensing and Enforcement: We can assist with trademark licensing agreements and enforcement actions.
4. Cost-Effectiveness:
Minimizing Risks: By identifying and addressing potential issues early on, we can help you avoid costly delays and rejections.
Streamlining the Process: Our expertise can streamline the registration process, saving you time and effort.
Maximizing Protection: By ensuring proper registration and enforcement, we can help you maximize the value of your trademark.
By engaging Bestar, you can significantly increase your chances of successfully registering your trademark in Singapore and protecting your brand identity.
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