How To Register Trademark In Singapore, Singapore trademark registration

How to register trademark in Singapore? Considered as a prosperous and wealthy country in ASEAN and in the world, Singapore has absolutely improved the system of protection and enforcement of intellectual property rights. The article shall disclose the steps of registering trademark in Singapore.

FIRST TO USE

Singapore is applying the “first to use” principle. It means that the owner of the trademark will have the right to stop the potential infringement action upon their trademark in case the trademark has been used in Singapore for a long time and obtained the goodwill on the market. However, in case your trademark is new one, filing an application for registration of your trademark is highly recommendation. Fee of trademark in Singapore could be checked here or is briefly as follows:

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* Note: Our Fee for Trademark in Singapore includes all fees (official fee and legal fee); exclude fee for responding to office action, if any.

TRADEMARK SEARCH OF AVAILABILITY

Trademark search is not mandatory. The purpose of the search is only to provide with the trademark applicant the whole image about the chance of success of the trademark based on the published trademark database of Intellectual Property Office of Singapore (IPOS). It will save the time and cost for the applicant.

WHAT ARE TRADEMARKS ACCEPTABLE IN SINGAPORE?

Trademark which may be protected in Singapore, is any signs (includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or any combination thereof) capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person.

ACTUAL USE OF TRADEMARK IN SINGAPORE

The prove of use of trademark in Singapore is not required while the registration procedure except that you are claiming that your trademark shall be protected through the use of your trademark.

However, you are required to prove the use of your trademark in order to overcome or defense your trademark against the non-use claim of any other parties. It means that the protected trademark may be revoked upon the ground that within the period of 5 years following the date of completion of the registration procedure, the trademark has not been put to genuine use of the course in Singapore by the proprietor or with the consent of the owner for goods/service which are protected without the reasonable reasons for such non-use.

                        PROCEDURE OF REGISTERING TRADEMARK IN SINGAPORE

(8-10 months)

– Stage 1: Filing trademark application in Singapore.

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– Stage 2: Publication of the trademark application on Gazette.

A Singapore trademark shall be published on the Gazette and therefore, any third parties may file the opposition application based on the ground that the applied trademark could not be protected in Singapore in accordance with the prescribed regulations.

– Stage 3: Issuing of trademark certificate registration in Singapore ore refusal

If the trademark in Singapore meet the protection condition, it shall be issued trademark certificate. Otherwise, an office action shall be issued.

VALIDITY OF REGISTERED TRADEMARK IN SINGAPORE

And upon the acceptance for protection of IPOS, the trademark in Singapore will be protected within the term of 10 years counted from the registration date of the trademark and may be renewed consecutive many times.

A grace period of 06 months counted from the expiration date of trademark will be given to the owner of the trademark for late renewal. However, in case the owner of trademark does not renew the trademark within the grace period, the validity of the trademark shall be terminated after such period.

TRADEMARK OWNER’S RIGHT AFTER HAVING TRADEMARK REGISTERED

Upon the protection of the trademark, the owner of the registered trademark should have the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor.

In addition, the owner of the trademark has the right to license or transferring the protected trademark. The certificate of trademark registration is the evidence proving the right of the owner with the trademark. 

MEMBER OF INTERNATIONAL TREATIES

Currently, Singapore is the member of many international treaties including Paris convention for the protection of industrial property, Protocol Relating to the Madrid agreement concerning the International Registrations of Marks, Nice Agreement concerning the international classification of Goods and Services for the purposes of the registration of trademarks; Singapore Treaty on the law of trademarks.

– You could visit here to see Procedure of Singapore Trademark Registration.

– You could visit here to check the required documents for filing trademark in Singapore

– You can also check the Fee of Trademark In Singapore here.

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