Singapore Trade Marks Guide

Introduction to Trade Marks in Singapore

Trade mark registration in Singapore is a fundamental aspect of protecting a business’s brand identity and intellectual property. A registered trade mark gives the owner exclusive rights to use the mark in relation to the goods or services for which it is registered.

This exclusivity helps businesses safeguard their brand from unauthorized use by others, helping to ensure that their reputation and market position are preserved.

In Singapore legislation and IPOS practice, the usual spelling is “trade mark”. Many applicants also search for the same service using the single-word spelling “trademark”, particularly in phrases such as “trademark registration Singapore”.

Registrability Requirements for Trade Marks in Singapore

The Intellectual Property Office of Singapore (IPOS) is responsible for receiving trade mark applications and registering them in Singapore.

In order for a trade mark to be registered in Singapore, the mark must meet a number of requirements:

  1. Distinctive Character: The trade mark must be distinctive, meaning it must be capable of identifying the goods or services as originating from a particular source. Marks that are generic, common or descriptive of the goods or services may not be registered. For example, a trade mark that merely describes the quality, quantity or characteristics of the goods (e.g., “Size 10” for shoes) is unlikely to be considered distinctive and may not qualify for registration.

  2. Non-Descriptiveness: A trade mark should not directly describe the goods or services it represents. Descriptive marks, such as those that refer to the nature, quality or intended purpose of a product or service, are generally not registrable unless they have acquired distinctiveness through use over time. For example, a term like “Quick Clean” for a cleaning service may not be registered unless there is proof that the mark has become widely recognised by consumers as identifying a specific source.

  3. Non-Deceptiveness: The trade mark must not be deceptive or likely to mislead the public about the nature, quality or geographical origin of the goods or services. For example, a trade mark that falsely suggests a product is made in a particular country when it is not is not registrable.

  4. Not Identical or Similar to Existing Trade Marks: The trade mark must not be identical or confusingly similar to an existing registered trade mark for the same or related goods or services. This is to prevent consumer confusion and protect the rights of existing trade mark holders.

  5. Not Otherwise Prohibited Under Law: The trade mark must not contain elements that are prohibited under Singapore law, such as offensive, immoral or scandalous matter. Additionally, trade marks that are contrary to public policy or accepted principles of morality are not registrable.

Registration Process for a Trade Mark Application in Singapore

The trade mark registration process in Singapore begins with the filing of an application with the Intellectual Property Office of Singapore (IPOS). The trade mark application must include details of the trade mark, the goods or services it will be used for and the relevant class or classes under the Nice Classification system. Once the trade mark application is filed, it gets given a trade mark application number.

Following this, formalities examination takes place. The application is then subject to examination by a trade mark examiner at IPOS.

The Examiner conducts a search to identify prior identical or similar marks on the register or being applied for. The Examiner will also check whether the mark falls into the areas not allowed by law, for example, marks that are devoid of any distinctive character.

During the examination process, the trade mark examiner may send the applicant one or more examination reports, setting out objections raised by the examiner. The applicant is given an opportunity to submit arguments against the objections issued by the examiner, amend the specification of goods or services or provide further documents or evidence, or any combination of these. Any amendment of the specification of goods or services must not extend the specification beyond what was originally filed, and any amendment of the trade mark cannot substantially affect the identity of the trade mark in the form it was originally filed.

Once any objections have been overcome, the application will be accepted and published in the Trade Marks Journal. Any interested party may oppose the registration of the mark within two months of the publication if they believe it conflicts with their existing rights. If there is no opposition, or if an opposition is resolved in favour of the applicant, the trade mark then proceeds to registration and a certificate of registration is issued to the trade mark proprietor.

The date of registration of the trade mark is back-dated to the application date.

Term of a Trade Mark Registration in Singapore

A question we are often asked is: “how long does a registered trade mark last in Singapore?”

A registered trade mark in Singapore is valid for an initial period of 10 years from the date of application. The registration may be renewed indefinitely for additional 10-year periods provided the renewal fees are paid. There is no limit to the term of protection of a registered trade mark, provided the renewal or maintenance fees continue to be paid.

Requirement for Use of Trade Mark in Singapore

Any person may apply for the revocation of a registered trade mark on the grounds of non-use. A registered trade mark may be revoked if it has not been put to genuine use in Singapore within 5 years following completion of the registration procedure, or if such use has been suspended for an uninterrupted period of 5 years or more.

It may also be possible to revoke a registered trade mark on grounds other than non-use, for example where the mark has become a common name in the trade for the relevant product or service, or where it has become liable to mislead the public.

Separately, a registered trade mark may be challenged by applying for a declaration of invalidity. This is sometimes referred to as trade mark invalidation in other countries. In Singapore, invalidity generally concerns grounds on which the trade mark should not have been registered in the first place, such as lack of distinctiveness, descriptiveness, conflict with earlier rights, fraud or misrepresentation.

A registered trade mark may also be cancelled by its proprietor in respect of some or all of the goods or services for which it is registered. In Singapore practice, cancellation in this sense refers to voluntary cancellation by the trade mark owner, and should be distinguished from revocation and invalidity.

Conclusion

In conclusion, trade mark registration in Singapore is a vital step for businesses to protect their brand identity and ensure that their trade marks are legally recognised and enforceable. By meeting the registrability requirements and following the proper registration process, businesses can secure their trade marks and safeguard their market position in Singapore and beyond.

Questions?

If you have any questions on trade marks, please get in touch with us.