Trademarks Law in Singapore
Trademark law in Singapore is governed by the Trade Marks Act and administered by the Intellectual Property Office of Singapore (IPOS). Singapore's trademark system is designed to be user-friendly, efficient, and aligned with international standards.
πΈπ¬ Trademark Registration Process in Singapore
1. Pre-Application Considerations
Before filing a trademark application, consider the following:
Distinctiveness: Ensure your trademark is distinctive and not merely descriptive of the goods or services.
Graphical Representation: The trademark must be capable of being represented graphically.
Similarity Search: Conduct a search to ensure your trademark does not conflict with existing registered marks. IPOS provides an online database for this purpose.
2. Filing the Application
Form TM4: Submit the application using Form TM4 through the IPOS Digital Hub.
Required Information:
Name and address of the applicant
A clear representation of the trademark
A list of goods and/or services, classified according to the Nice Classification
A declaration of the intention to use the trademark
Fees:
S$240 for online filing using pre-approved descriptions
S$341 for online filing using custom descriptions
S$374 for manual filing
3. Examination
IPOS will examine the application to ensure compliance with legal requirements. If the application meets the criteria, it will proceed to the publication stage. This process typically takes about 6β9 months.
4. Publication and Opposition
Publication: The application is published in the Trade Marks Journal for public inspection.
Opposition Period: There is a 2-month period during which third parties can file an opposition against the registration.
Outcome: If no opposition is filed, or if opposition is resolved in favor of the applicant, the trademark proceeds to registration.
5. Registration and Certificate
Upon successful registration, IPOS will issue a Certificate of Registration. Trademark protection is granted for 10 years from the filing date and can be renewed indefinitely for successive 10-year periods.
π° Costs and Fees
Application Fees:
S$240 for online filing using pre-approved descriptions
S$341 for online filing using custom descriptions
S$374 for manual filing
Renewal Fees: S$380 per class for online renewal.
Professional Fees: Fees for legal or agent services may vary.
π Renewal and Non-Use
Renewal: Trademarks must be renewed every 10 years. Renewal applications can be filed 6 months before the expiration date, with a 6-month grace period available.
Use Requirement: A trademark must be used within 5 years of registration. Failure to use the trademark during this period may render it vulnerable to cancellation.
π International Protection
Singapore is a member of the Madrid Protocol, allowing for international trademark protection. To extend protection to other member countries, file an international application through IPOS after registering the trademark in Singapore.
βοΈ Enforcement and Legal Remedies
Trademark owners in Singapore have the right to take legal action against infringement. Remedies include:
Injunctions: Court orders to stop infringing activities.
Damages: Compensation for losses suffered due to infringement.
Account of Profits: Recovery of profits made by the infringer from the unauthorized use of the trademark.
β Summary
Registration Process: Typically takes 10β14 months.
Protection Duration: 10 years, renewable indefinitely.
Use Requirement: Must be used within 5 years of registration.(
International Protection: Available through the Madrid Protocol
Enforcement: Legal actions available for infringement.
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