Summary

SINGAPORE TRADEMARK 

Definition:

A Trade Mark is a sign used by a person in the course of business or trade to distinguish his goods or services from those of other traders.  It has to be capable of being represented graphically. It can include any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or a combination of these. It need not be visually perceptible.

Features:
For a trade mark to be registered it must be distinctive and capable of distinguishing the goods and/or services of the owner from other similar goods and/or services. Descriptive Marks, Marks 'Common to the Trade', marks  contrary to public policy, deceptive marks or marks identical to earlier marks are all prohibited from registration.

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:
An individual, firm or company claiming to be the owner of a trade mark, can file for a trade mark registration as long as they intend to use the mark in the course of their business.

Applicants not residing or carrying on business in Singapore, have to nominate a Singapore  Registered Trademark agent to act on their behalf.

Procedure

SINGAPORE TRADEMARK APPLICATION 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
The applicant must file the right application form together with the prescribed fee for every class of goods or services that protection is being sought. The applicant must also provide a description of the mark, the aspects of protection for the mark and enclose a representation of the mark. For marks comprising of a three-dimensional shape of the goods or packaging, the representation may be represented by line drawings. If a single-view line drawing is insufficient, multiple aspect views should be provided.
For marks with colours, whether in coloured marks or marks consisting of colours, marks comprising shapes or aspects of packaging containing colours, the marks must be filed in the actual colours.

3. Examination
A formalities examination will be conducted  by the Registry of Trade Marks following a search for specifications and prior marks. After a favourable search report is given, the application will be examined to determine whether the mark is registrable in accordance to the law

4.Publication
The application will be published in the trademarks journal where interested parties may oppose the registration within two months of the publication.

5.Opposition
Opposition is the process whereby members of the public, or any interested third party may object to the grant of a trade mark registration if they have valid grounds for doing so. The grounds of opposition may include issues of similar or prior marks

6.Registration
If the opposition to the registration is resolved in favour of the applicant, or if there are no opposition, the trade mark will be registered and issued with a certificate.

7.Protection
The registered trade mark can last indefinitely, subject to renewal every 10 years.

8. Enforcement Remedies
In infringement proceedings the affected party can seek for an injunction, profits gained by infringing party or damages for loss suffered. In infringement actions against the use of a counterfeit trademark an alternative remedy of statutory damages are also available. 

Charges

Trademark Application In Singapore
Filing of one TRADEMARK application in SINGAPORE

Documents Required For Filing A Patent Application

Additional Documents for Claiming Convention Priority