Singapore Trademark Registration

Trademark Registration Process

The steps involved in Registration are as follows:

Step 1: Creating a Distinctive Trademark

We advise that you design a distinctive trademark.

Avoid trademarks that:

• denote the kind, quality, quantity, intended purpose, value, the time  thu tuc dang ky nhan hieu of production of goods or of the rendering of services;
• consist of common surnames or geographical names;
• conflict with an earlier trademark; or
• mislead the public about the nature of the goods or services.

However, if you have an existing Trademark which you have been using in other jurisdictions but which are likely to violate any of the conditions above, you can prove that the mark is being used for a substantial time and has gained market recognition.

Step 2: Identification of Applicable Class of Goods/Services

The scope of trademark registration is determined by the goods or services in relation to which the trademark is registered. Singapore follows the International Classification of Goods and Services as prescribed by the Nice Agreement to classify trademarks.

There is a total of 34 classes of goods and 11 classes of services.

While determining the applicable classes, you should not only consider the existing business you are in but also any business you are likely to go into, in the near future. We will be happy to help you in determining the classes that are best applicable to your business.

Step 3: Application filing

The minimum filing requirements consist of:

• A statement that you request registration.
• Your name and address.
• A clear graphical representation of your mark. For marks comprising of a three-dimensional shape of the goods or packaging, line drawings should clearly show all dimensions of the mark.
• A list of goods and services that you are registering in relation to the mark (that are classified in accordance with the International Classification of Goods and Services).
• A declaration of your proposed use of the trademark.

Step 4: Review by Intellectual Property Office of Singapore (IPOS)

Once the trademark application has been received, IPOS will review it to ensure that the application meets the minimum filing requirements.

Once the minimum filing requirements are met, the date of filing is accorded and a Trade Mark number is issued. This information is sent via the Acknowledgment letter.

If one or more of the minimum filing requirements are not met, a Deficiency Letter will be sent to remedy within 2 months from the date of the Letter. This timeline is not extendible.

In the event that the applicant does not remedy the deficiencies or remedies the deficiencies out of time, IPOS will send a letter notifying the applicant that the application is Deemed Never to Have Been Made.

Step 5: Examination for conflicts with existing trademarks and Legality

Once the above step is complete, the registrar will conduct a formal search for conflicting marks, geographical names, and conformance to the international classification of goods and services. In the case of pharmaceutical products, the Registry of Trade Marks will also need to check whether the mark consists of a protected International Non-Proprietary Name (INN). The INNs, furnished by the World Health Organization, are generic names for specific pharmaceutical substances.

The application will be examined to determine whether the mark is registrable in accordance with Singapore Trademark Laws.

If the requirements are not satisfied, IPOS will issue a letter stating the refusals/requirements. The response must be submitted within 4 months from the date of issuance of the IPOS letter. If additional time is required to respond to the IPOS letter, request for an extension of time before the expiry of the time period needs to be submitted. If no response or request for an extension of time is received within the stipulated time period, the Trade Mark will be treated as Withdrawn.

Step 6: Advertisement for public scrutiny

Upon successful completion of the above step, the application will be published and made available to the public. Within 2 months of the publication period, any interested party will be able to oppose the registration of the mark.

If the trademarks office receives an objection from an opponent, the applicant will be notified and must respond. A decision on the application will be made after hearing both parties.

Step 7: Successful registration

If there is no opposition, or if the outcome of the opposition hearing is in favor of you, a Certificate of Registration would be issued and the Trade Mark would be granted protection for 10 years.