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Trademark | Singapore

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Trademark

Summary Application Procedure Filing Requirements Charges Documents Required

1. Legislations:
The Trade Marks Act (2005 Revised Ed) (Cap. 332), Trade Marks Rules and Trade Marks (International Registration) Rules.

2. 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.

3. Criteria:
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.

4. Membership:
√ – Paris Convention
√ – Madrid Protocol

Singapore is a member of the Paris Convention from 1995, whereby applications from convention countries will be subject to the same priority date in Singapore. The application for priority has to be made within six months of the first application in a convention country.

5. Rule of Priority:
“First to Use” is the rule followed by Singapore in determining priority of trademarks.

6. Duration and Renewal:
A trademark application once registered is valid for 10 years from the date of application. It may be renewed every 10 years thereafter with payment of a renewal fee.

1. Application
Every applicant is required to submit an application with Intellectual Property Office of Singapore.

2. 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.

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

4. Opposition
Third parties can oppose to an application within 2 months from the date of publication

5. 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 a registration certificate will be issued.

The following information and/or documents are required to file an application for a trademark application in Singapore:-

1. Application form (TM 4).

2. Power of Attorney (TM 1).

3. One clear print for a black-and-white mark; one (1) clear picture under JPEG format.

4. A list of goods or services ( which closely follow the Nice International Classification).

5. The full name, address and nationality of the applicant, company, country/state of incorporation.

6. For marks that contain non-English words, a certified transliteration and translation.

Items Official Fees (USD) Professional Fees (USD)
1. Search - 250
2. Filing Application 315 500
3. Issuance of Certificate - 250
TOTAL 1,315.00

Basic Requirements

Documents Remarks Time of Filing
Image/ representation of the mark Mark in the form of foreign characters has to be accompanied with transliteration in English (optional), Certified by Translator 2 months from filing


Additional Documents for Claiming a Convention Priority
Documents Remarks Time of Filing
Priority documents (Certified copy of the basic application. Documents in any other language has to be provided with its English translation) 2 months from filing


Documents for Filing a Request of Recordals of Assignments and Changes
Documents Remarks Time of Filing
Copy of :Assignment deed, or 

Document of name change
Document of address change
Certified 

Certified
Anytime after registration.


Documents for Filing an Opposition or Counter-Statement

(Deadline for Applying is during 2 Months Publication Period of the Trade Mark Application to be Opposed)

Documents Remarks Time of Filing
Copy of registrations in various countries (no legalization) On filing date
Copy of advertisements/ brochures of the products bearing the mark (no legalization; as many and as early as possible) On filing date

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