Summary

SINGAPORE INDUSTRIAL DESIGN 

Definition:
A Design refers to the features of shape, configuration, pattern or ornament applied to an article by an industrial process. It is the appearance of articles we see everyday. An article refers to any object to which the design is applied.

Registered Designs are used primarily to protect designs for industrial use.Designs can be two-dimensional or three-dimensional and can be applied to everyday items. To qualify for registration, a design must, in general, satisfy two key criteria: New: It has not been registered in Singapore and elsewhere; or published anywhere in the world before the date of application of the first filing. Thus the owner of a design should be careful not to disclose the design to anyone, until a design registration is filed.

Industrial Process: A Registered Design applied to an article must be capable of an industrial process i.e. more than 50 copies of the article have been or are intended to be produced for sale or hire.

Designs that cannot be registered
Under the Registered Designs law in Singapore, the following cannot be registered:

• Designs that are contrary to the public policy or morality.
• Computer programs or layout-designs of integrated circuits.
• Designs applied to certain articles: Works of sculpture (other than casts used or intended for use as models or patterns to be multiplied by any industrial process); wall plaques, medals and medallions; and printed matter primarily of a literary or artistic character (including book jackets, calendars, certificates, coupons, dress-making patterns, greeting cards, labels, leaflets, maps, plans, playing cards, postcards, stamps, trade advertisements, trade forms and cards, transfers and similar articles).
• Any method or principle of construction.
• Designs that are solely functional.
• Designs that are dependent upon the appearance of another article, of which it is intended by the designer to form an integral part; or enable the article to be connected to, or placed in, around or against, another article so that either article may perform its function.

Membership:
Singapore is a member of the Paris Convention and the World Trade Organisation. The application for priority has to be made within six months of the first application in a convention country.

Eligibility:
Any person or corporation claiming to be the owner of a design may apply for a design registration in Singapore. There are no restrictions as to nationality or residency

Rule of Priority:
The design registration system in Singapore operates on a first-to-file basis. In other words, the first person to file for application will, in general, have priority over others

Procedures

REGISTRATION PROCEDURES

1.Searching
This is the first step before an application is made for the registration of a trademark. Although a prior search is optional it helps in determining the existence of previous marks.

2.Application
Every applicant is required to submit an application containing  the following information.

• Statement of novelty
• 3 sets  of Representation of the Design
• 3 copies of Representation Applied to Each Article in a Set
• Priority date claim
• Address for Service

3.Examination
A formalities examination will be conducted after  the issuance of a filing date to ensure formalities as to the size, quality of the representation  and classification are met.

4.Objections
If there are any amendments or deficiencies spotted in the formalities examination, the examiners will notify the applicant and the applicant would have to correct this non-compliance within a given period.
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5.Registration
 Once an application is in order, a registration certificate will be issued and the application will be published in the Designs Journal. Once published, the published designs are made available for public inspection. It takes about 2 to 3 months from the submission of the application to the successful registration of a design.

6.Protection
A Registered Design can last for an initial period of 5 years. Thereafter, the registration may be renewed every 5 years up to a maximum of 15 years, subject to the payment of renewal fees.

7. Enforcement Remedies
A registered owner of a design can take legal action against the infringing party, seek relief in the form of an injunction, demand for the profits gained by the infringing party at his expense and/or seek damages for the loss suffered.

Charges

Industrial design application in SINGAPORE

* No multiple application. 

Documents Required For Filing INDUSTRIAL DESIGN APPLICATION

Maintenance Fees Of Industrial Design