Failure to protect one's trademark can be a big puzzle for a business because this unique business card distinguishes your products and services from those of the competition. Is your trademark safe?
What is a Trademark?
A trademark is a symbol, word, logo, phrase, or combination of elements that differentiates a business's products or services from others. To secure protection, a trademark must be registered with the Intellectual Property Office of Singapore (IPOS), granting the owner exclusive rights to its use.
Trademarks must be distinctive, non-deceptive, and not closely similar to existing trademarks. Unauthorized use of a registered trademark constitutes infringement, allowing the owner to pursue legal action.
In Singapore, trademark registration and protection are governed by the Trade Marks Act, which provides the legal framework for registration, rights, and enforcement. This ensures that trademarks are properly protected and managed within the country. Singapore’s trademark laws provide the necessary legal processes and safeguards for effective trademark management and enforcement.
The following types of trademarks can be registered in Singapore:
- Trademark: The most common type, used to distinguish goods or services.
- Collective mark: Used to distinguish goods or services provided by members of an association or group of traders from those provided by non-members.
- Certification mark: Used to distinguish goods or services certified by the mark owner from those that are not. The certification may relate to characteristics such as origin, material, quality, manufacturing method, or performance of services.
Why is Trademark Registration Important?
Although it is not legally required to do trademark registration in Singapore, registration of the trademark is very beneficial. By doing trademark registration in Singapore, you acquire an exclusive right to the trademark and will be able to prohibit any natural or legal person from using the sign in protected sectors of activity. Additionally, in case of infringement of a trademark, it is possible to bring an action for infringement before the civil or criminal courts.
Civil Sanctions
- Prohibition to use the sign
- Seizure of counterfeit items
- Damages and interests vary according to the extent of the damage (prescription: 3 years)
- Possibility of other additional penalties –including the publication of the judgment
Penal Sanctions
- Imprisonment up to 4 years
- And/or fine, depending on the case (doubled in case of recidivism)
- Complementary penalty: temporary or permanent closure, dissolution of the legal person, permanent or temporary prohibition to exercise one or more professional or social activities, temporary placement under judicial supervision, exclusion from public contracts, confiscation of products, etc.
What Can Be Registered As a Trademark?
Like patents or utility models, trademarks belong to industrial property rights. According to Singapore Trademark Law, a trademark encompasses all signs that may be suitable for distinguishing the goods or services of a company from those of other companies.
- A verbal sign, which can be written or spoken (name, words, letters, numbers, acronym, slogan, etc.).
- A figurative sign (drawings, logos, holograms, reliefs, shapes, precise shades or combinations of colors, etc.).
- A sound sign (sounds, musical phrases that can be physically translated).
These signs must be distinctive and available to become registered and protected trademarks. The filing of a trademark must not infringe on prior rights. For example, a name that has already been the subject of an earlier mark or is already used by another company in the same field cannot be filed (the fields of activity are grouped into classes to which reference is made for the deposit of its mark) because there is then a risk of confusion in the mind of the public.
How to Register a Trademark in Singapore?
Create a Trademark
Start by creating a graphical representation of your trademark. The image should be large enough to clearly display all details but should not exceed A4 size. If your trademark involves specific colors, intricate shapes, or unique positions on a product, make sure to include these details in your application. For sound marks, you will need to provide both a musical notation and an audio file. It is essential to ensure that your trademark meets all registration criteria to avoid rejection.
Research for Identical Trademark
Before submitting a trademark application, ensure that no one else has already registered a trademark similar to yours in the same industry. Do keep in mind that the registration fee is non-refundable, so if an identical or closely resembling trademark exists, you will lose both the time and money invested in the application process. However, a slightly same trademark used in a different industry may not pose a legal issue.
Submit the Trademark Application
In Singapore, the trademark application is filed via the Singapore Patent and Trademark Office. The trademark application can be made in three ways:
- Trademark registration via an online form
- Trademark registration by post with a written form
- Online registration with signature
For a faster and more cost-effective process, use the IP²SG online system. Alternatively, you can send your application by post or submit it in person at the Intellectual Property Office of Singapore. Your application should include:
- Your company information or personal details if applying as an individual.
- A clear graphical representation of the trademark.
- A description of how the trademark will be used, particularly if it is unconventional (e.g., a sound mark or hologram).
- A list of goods and services for which the trademark will be registered.
- A declaration of intent to use the trademark in good faith.
Carefully review your application before submission, as only minor changes, such as updating names or addresses, can be made after filing.
Check and Examination Process
Once your application is submitted, the Registry of Trade Marks will conduct a formalities check to ensure it meets the requirements. If all requirements are met, a filing date then will be assigned. If not, you will receive a letter requesting that you address any deficiencies. After this, the application undergoes an examination to determine whether the trademark is registered under the law.
Trademark Publication Period
If there are no objections, your application will be accepted and published in the Trade Marks Journal for a two-month public inspection period. During this time, any interested party can oppose the registration by filing a notice of opposition.
Registration & Trademark Certificate Issued
If there is no opposition or if any opposition is resolved in your favor, your trademark will be registered, and a registration certificate will be issued. The trademark protection exists after registration exactly for 10 years, but can then be extended for a further fee.
Key Takeaway
Registering a trademark is a smart move for your Singapore business. It reassures customers about the quality of your products, safeguards your profits by preventing others from copying your goods, and creates financial assets that can be licensed to third parties or sold for profit. The trademark registration process in Singapore is straightforward, affordable, and transparent.
Frequently Ask Questions
Can a foreigner register a trademark in Singapore?
Anyone can apply for a trademark in Singapore, regardless of nationality. Whether you are a local or foreign individual or company, you can register a trademark to protect your goods or services in Singapore.
How much does it cost to trademark a name in Singapore?
The fees for online filing are S$280 per class if you select goods and services from a pre-approved database. If you specify your own goods and services outside the pre-approved database, the cost is S$380 per class.
How long does the trademark last in Singapore?
A registered trademark in Singapore is protected for 10 years from the filing date. It can be renewed every 10 years, starting from 6 months before the expiry date.