Simple Steps To Register A Trademark In Singapore
To register a trade mark in Singapore, you need to approach the Intellectual Property Office of Singapore (IPOS), which is a statutory body under the umbrella of the Ministry of Law. You can either go straight to the Registrar or appoint a trade mark agent, possibly a lawyer, to apply for you.
Unlike in other countries, the Singapore trademarks regime does not require the filing of evidence of use before a trade mark registration is granted. However, the trade mark has to be capable of being represented graphically like any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or a combination of these.
Prospective applicants for trademark registration are advised to consult the records of the Singapore Registry of Trademarks and Patents before filing their own applications. Whether conducted at the IPOS office or online at the eTradeMarks section of the Web site, this search allows prospective applicants to be certain that there exist no prior trademarks represented by a symbol identical or similar to what they intend to use. This is an especially crucial consideration if a similar previously-registered trademark is found in same area of business as the applicant.
Upon verifying that no prior trademarks exist that may conflict with the one being applied for, the applicant may already submit the completed trademark registration application to the Singapore Registry of Trademarks and Patents. Options for doing so include by hand, by registered post, or by filing online through the eTrademarks system. Filing fees for registering trademarks under each class is S$340 for manual processing and S$310 for online processing.
Once the IPOS has received the trademark application, the office will conduct an administrative review to verify that the application is complete and compliant with the provisions of the Trademarks Act, as well as all necessary fees having been already paid. When these conditions are met, a trademark application number will be provided, along with the date for filing.
In case there are grounds for objection, the Registry will inform the applicant of the corrections that need to be done within a specified timeframe. Failure to comply with these requirements in the allotted time will result in the application being classified as withdrawn.
The next step is for the Registry Office to mount an extensive search for similar or conflicting trademarks. They will also review geographical names and ensure your sign conforms to the international classification of goods and services. If your sign represents pharmaceutical products, the Registry would make further investigations. They would check if your mark breaches the World Health Organisation’s INN (International Non-Proprietary Name) list, which provides common names for pharmaceutical products.
After completion of the trademark conflict discovery process, the examiner will check if the mark is registrable in accordance with Singapore Trademark Laws and that it does not fall into areas not allowed by law like a mark that is devoid of any distinctive character. The applicant will again be notified for any objections and the time granted to resolve such objections.
If the trademark is shown to be in compliance with Singapore law, the applicant will be informed that the application for registration has been accepted. This acceptance will be published in the Singapore Trademarks Journal to allow any parties wishing to oppose the registration process two months to file their claim. Examples of valid grounds for opposition of a trademark application include the situation where the application is similar to a registered or a pending trademark, and other similar cases.
Should there be any objections, you can try to have the issue resolved. If the resolution works in your favour and the two months have passed with no further problems, you are free to register your trade mark. You will be issued with a registration certificate and you can use the trade mark freely in corporate paraphernalia.
Filed under: Business