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Introduction to Singapore Trademark Registration System

Introduction to Singapore Trademark Registration System

Official Office for Trade Mark Registration

Intellectual Property Office of Singapore (IPOS)

Joined International Treaties for Trade Marks

Paris Convention; Madrid Protocol; Singapore Treaty

Principle on Trade Mark Protection

Singapore adopts mix-principles of “first-to-file?and “first-to-file?for the trademark protection, the Trade Mark Act of Singapore mainly protects the registered trademarks, and un-registered marks are protecting by the Common Law.

If an used but un-registered mark is used by someone else, a court action against the infringement can merely on the ground of “passing-off? In such case, it is necessary to proof that the trademark is famous, and use of the infringe mark may cause confusion and/or misleading to the public.

If a registered trademark is used by someone else without authorization and/or license, the trademark owner can simply take an infringement action, and that the procedure is much simpler.

Kinds of Registrable Trade Marks

In Singapore, the term “trademark?includes word mark, device mark, their combination, and some non-conventional trademarks, such as color per se mark, sound mark, scent mark, 3D mark, motion mark and hologram mark.

In addition, there are special trademarks are enacted and protected, such as “certification mark?and “collective trademark?

Required Information and Documents

1. Applicant’s name, address, nationality / company’s registered country;
2. Specimen of the mark to be applied;
3. List of goods/services to be applied, and the class(es);
4. Translation & transliteration of foreign language in the mark; and
5. Priority document, if any.

Timeframe and Procedure for Application

If an application goes smoothly, the whole registration procedure takes about 6-8 months.

A trademark application in Singapore usually takes about 3-5 months for examination, if there is no any refusal, it will then publish 2 months for opposition purpose. If no opposition is filed, a registration certificate will be issued within 1 month after the end of publication.

Duration and Renewal of Registration

A trade mark registration in Singapore is valid for 10 years from the date of application, which can be renewed every 10 years, from 6 months before the renewal due date or up to 6 months after the date expires.

Cancellation System

If a registered trademark has not been actual used in Singapore by the owner or with his consent, in relation to the goods or services for which it is registered, for a continuous period of at least 3 years, and there are no valid reasons for non-use, any third party can apply for revocation to cancel/remove the registration.

Relevant Information

Singapore Trademark Registration Costs and Procedures

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