What is Trademark?
Trademark is the face, the image and the brand name which you would use to represent your business. This is what you would use to marketise and distinguish your goods and services from the others. ®and ™ are symbols usually associated with trademark. ® can only be used after the mark had been registered, and be protected by the Singapore Trade Marks Act 1998 whereas ™ is merely a symbol used without any legal weight meaning it is not protected by the law. Using ® without going through proper registration is a criminal offence under the law.
Why should I register my Trademark?
Registering your trademark means you would have the exclusive rights at your brand name or logo. This would mean you now own the trademark like how you own a property. You could now restrict others from using the registered trademark in Singapore without your consent; you could also prevent a later trademark, which is similar or identical to yours from being registered in Singapore. If someone uses them without your approval, this would mean your rights had been infringed and you could sue them for compensation and also barred them for using your trademark. You could also license your trademark to third parties for commercial returns through a franchise, and; may even sell it outright.
What if I did not register my Trademarks?
If you fail to register your trademark, others or your competitors may use your trademark as their own to sell imitation products. You may not be as protected if you fail to register your trademark and it will be tough to start an action. If you intend to sue the copycat or competitor, you could only do so if you can prove that you are the owner of the trademark through reputation and goodwill which is something hard if your business had only been established for a while.
Why should I register my Trademark in other countries?
If you plan to expand your business to other countries, you should always register your trademark in the subsequent country because trademark protection is territorial in nature. This means that for your business to be protected in other countries, you will need to apply and register your trademark at the specific country.
For a trademark to be registered in Singapore, it must have the capability to be graphically represented. A trademark can be of letter, word, number, drawing, colour, design, sound or combination of those mentioned. It is important to remember that the trademark must be distinctive and is capable of distinguishing your goods and/or services from the similar goods and/or services of other business owners.
It is important to take note that not all trademark which you design and intend to use can be registered in Singapore. For example,
Descriptive marks – This refers to trademarks that directly describe the goods and services of the business. Your trademark should not describe the nature of your business, for example describing the quality, quantity, value or geographical origin.
Deceptive marks – This refers to trademarks that attempt to deceive the public. You should always take caution that the trademark you tried to register should not misrepresent the nature, quality or geographical origin of your business.
Marks ‘common to the trade’ – This refers to trademarks, a design or a word that had become customary in the trade, somethings that had become too common and well known to the public. Words like “Kleenex” and “Dumpster” had become so famous that it cannot be registered all around the world.
Marks that are identical to earlier marks – This refers to trademarks that are identical to a trademark that is being registered or had been registered in Singapore. You should avoid using an identical mark as it unregistrable and in rare cases even if you successfully registered your trademark, you would be at risk of being sue by the mark’s holder that registered earlier than you.
Marks that could cause confusion – A trademark generally may not be registered if it is likely to cause confusion to the public.
Classification of Goods and Services
Singapore uses the International Classification of Goods and Services prescribed by the Nice Agreement to classify goods and services. The classification is used by more than 140 countries worldwide. Under the Nice Agreement, there are a total of 34 classes of goods and 11 classes of services. The scope of protection of a trademark registration is determined by the goods or services in relation to which the trademark is registered. Basically, the classification is a guideline or reference that allows you to seek and choose which class your business falls under before the registration. This will ensure that your trademark will not conflict with the existing trademark in the same class.
How do I register Trademark in Singapore?
You can register your trademark at the Intellectual Property Office of Singapore via online or manual filling. You can also look for a local Trademark agent or contact us to ensure smoother and hassle-free registration.
How can I design/redesigning my Trademark in Singapore?
You can design your trademark on your own or seek service from a graphic designer but make sure to conduct a search before proceeding to prevent any resemblance to an earlier or existing trademark. You can also seek help from us with the design and redesign of your trademark. We have a team of excellent graphic designer that is assisted by our experts in IP law.
Why conduct a Trademark search in Singapore?
Imagine you choose a design, a trademark you liked, then go on and spend a large amount of money on advertising, promoting and marketing your brand. Then one day, you found out that your trademark shares similarity or is identical with some existing marks and is being sued by their owner. This would mean all the time and capital you spent are lost. You might also need to pay for compensation and later on have to create a new trademark; advertise, promote and market your brand again.
By conducting a trademark search, you will be able to check whether the trademark you intend to use is available for registration in Singapore or any other country. You will be able to change your trademark’s design if there is a similar design already registered or pending registration in Singapore or other jurisdictions. This is especially important if you intend to venture your business to overseas market to avoid incurring extra cost to design a new trademark and to avoid infringement of a third party’s trademark.
How long does it take to register a Trademark in Singapore?
The application usually takes nine months. However, if your trademark face objection(s) from the IPOS then it will take longer than nine months.
Trademark Process in Singapore
