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June 22, 2008

Guide To Registering A Trademark In Singapore

by Simon Rogove

The Intellectual Property Office of Singapore (IPOS), being a statutory board under the Ministry of Law, is in charge of trademark registration in Singapore. Any applicant may either deal directly with the Registrar or hire a lawyer or any trademark agent as a go-between acting on his or her behalf.

Any trade mark in Singapore must be symbolised in graphic form. It must be a sign of some sort, represented by any letter, word, name, signature, number, device, brand, heading, label, ticket, shape, colour and aspect of packaging, either by itself or in any combination using these symbols. Singapore trade mark laws differ from those in countries such as the United States in that you need not provide evidence of use to register a trade mark.

Your main concern when filing any trade mark design is that no one else had already registered a sign that is identical or similar to yours. This is particularly pertinent when it comes to the nature of your business activities. You should perform a thorough search of trade mark signs that are already filed with the Singapore Registry of Trade Marks and available for public scrutiny at the IPOS office or via the eTradeMarks website online.

Once you are satisfied that your trade mark does not conflict with anyone else’s, you can submit your application. Manual submissions, which cost S$340, can be made either by hand or sent via registered post to the Singapore Registry of Trade Marks. You can also apply online using the IPOS eTradeMarks system at a cost of S$310.

The IPOS will then conduct an administrative review of the trademark application to ensure that it is complete, that it complies with the provisions of the Trade Marks Act, and that the necessary fees have been paid. Afterwards it will issue a trademark application number and date of filing to the applicant.

The applicant will be notified by the Registry if there is any ground for objection, including the corrections required and the specified period of time granted given him to overcome the objection. The application is considered withdrawn if the applicant fails to respond to the notice within the period granted.

The next step is for the Registry Office to mount an extensive search for similar or conflicting trademarks. They will also review geographical names and ensure your sign conforms to the international classification of goods and services. If your sign represents pharmaceutical products, the Registry would make further investigations. They would check if your mark breaches the World Health Organisation’s INN (International Non-Proprietary Name) list, which provides common names for pharmaceutical products.

If your trade mark passes the conflict test, you must still clear a couple more obstacles before you are home free. Your sign will again by studied to judge whether or not it can be registered under Singapore Trade Mark Laws, which has categories whereby certain marks are disallowed. For instances, marks that lack any distinguishing characteristics may not be entertained. If the examiner finds any objections, you will be asked to make corrections within a certain period of time.

Once it is verified that the trademark complies with Singapore Trademark Laws, the applicant will be notified of the acceptance of the application for registration which will be published in the Trade Marks Journal for public information. This will also allow any interested party to oppose the registration within two months for various grounds including issues such as the application is similar to a pending mark.

Should there be any objections, you can try to have the issue resolved. If the resolution works in your favour and the two months have passed with no further problems, you are free to register your trade mark. You will be issued with a registration certificate and you can use the trade mark freely in corporate paraphernalia.

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