Singapore - Trademark


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

2. Definition:
A trademark Singapore 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, and aspect of packaging or a combination of these. It need not be visually perceptible. A brand owner is advised to register trademark Singapore to protect the brand that will be used in Singapore. 

3. Criteria:
Under trademark Singapore, 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:
In determining the priority of trademarks, “First to Use” is the rule for Trademark Singapore. 

6. Duration and Renewal:
A trademark Singapore 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.

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