English
The average time frame for the registration approval is 6 months, if no objections or oppositions arise.
The territorial limit of registration is Singapore.
A power of attorney may be requested by the Registry Office during prosecution.
- use may demonstrate the mark’s acquired distinctiveness
- use may help overcome an opposition on the grounds of non-distinctiveness
- the “first to use” rule is effective which means that the first person to use a mark obtains all legal rights to it even if another party registers the mark at a later date
- it may possibly stop third parties from using an identical mark
Attack on the ground of non-use is available.
- words
- colours
- names
- smells
- certain three-dimensional shapes
- slogans
- devices
- sounds
- trade dress/get-up
- motion
- holograms
- certification marks
- collective marks
- service marks
The order of the application process is as follows:
- Examination in respect of:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with an earlier registration
- Publication of the following information about the application:
- mark
- name of applicant
- goods/services
- address of applicant
- citizenship of applicant
- state or country of incorporation of applicant
- application number
- priority claim information
- application date
- representation of trademark
- Registration
- generic terms
- marks contrary to moral standards or public order
- non-distinctive trademarks
- names, symbols of states, or flags of regions, nations or of international organizations
- marks that function principally as geographic location names
Singapore follows the Nice Classification System.
Singapore is not a member of the European Union. Hence, the Community Trade Mark registration is not followed in this jurisdiction.
Priority application is possible if:
- the applicant's home country is a signatory of the Paris Convention
- its home application was filed six months earlier than the application date in Singapore
- the applicant's home country is a signatory of the World Trade Organization
- an international registration can be designated in Singapore
A trademark must be used within five years from the completion date of the registration procedure. Note that this is the date when the certificate of registration is issued.
To satisfy the use requirement, the amount of use can be minimal and must be bona fide. Use must also occur in this jurisdiction.
The initial term of a registration is 10 years calculated from the application date.
The first renewal date of a registration is 10 years from the application filing date.
It is legally allowed to use an unregistered mark for any goods or services.
Registration is not a requirement to secure rights to a trademark. The law recognizes prior use as a proof of trademark ownership. The "first to use" principle is effective in Singapore.
The national office is accessible online at the following URL: http://www.ipos.gov.sg/.
Neither actual use nor intent to use is required for application.
The following can be grounds for opposition:
- proprietary rights
- breach of copyright
- the mark is not distinctive
- the mark is descriptive
- the mark is generic
- notorious or well-known mark
- protection of armorial bearings, flags and other State emblems
- the mark is against public policy or principles of morality
- the mark consists of a geographical indication
- representation of the proprietor of the mark
- the mark is of such a nature as to deceive the public
Anyone may oppose an application.
The following can be grounds for cancellation:
- proprietary rights
- the mark is generic
- the mark is descriptive
- breach of copyright
- the mark is not distinctive
- protection of armorial bearings, flags and other State emblems
- notorious or well-known mark
- using a representative for the proprietor of the mark
- registered design rights
- the mark is against public policy or principles of morality
- the mark consists of a geographical indication
- the mark is of such a nature as to deceive the public
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to object to later conflicting applications
- the right to request for the cancellation of a later conflicting registration
- the right to sue third parties for infringement or for using a confusingly similar trademark
- the right to license other third parties to use the trademark
- the right to request for the seizure of counterfeit goods by customs authorities
- the right to receive compensation for infringement
The opposition period begins on the date of publication.
The opposition period ends two months from the date of publication. A two-month extension may be granted upon agreement with the other party.
Singapore is a member of both the Madrid Protocol and the Madrid Agreement. International applications may be designated in this country.
Periodic statements of use are not required.
Subsequent renewals last for a period of 10 years from the renewal date of the registration.
The first renewal date of a registration is 10 years from the application filing date.
There is no need to submit any document when renewing a trademark.
A grace period of six months is available. Once the owner failed to renew the trademark within this period, the registration will be omitted from the Registry. There is a penalty fee for expired trademarks.