The Intellectual Property Office of Singapore (IPOS), a statutory board under the Ministry of Law handles trademark registration in the city state. An individual desiring to register his trade mark may either apply directly to the Registrar or authorize a trade mark agent to act on his 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.
Prospective applicants for trademark registration are advised to consult the records of the Singapore Registry of Trademarks and Patents before filing their own applications. Whether conducted at the IPOS office or online at the eTradeMarks section of the Web site, this search allows prospective applicants to be certain that there exist no prior trademarks represented by a symbol identical or similar to what they intend to use. This is an especially crucial consideration if a similar previously-registered trademark is found in same area of business as the applicant.
Upon verifying that no prior trademarks exist that may conflict with the one being applied for, the applicant may already submit the completed trademark registration application to the Singapore Registry of Trademarks and Patents. Options for doing so include by hand, by registered post, or by filing online through the eTrademarks system. Filing fees for registering trademarks under each class is S$340 for manual processing and S$310 for online processing.
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.
In case there are grounds for objection, the Registry will inform the applicant of the corrections that need to be done within a specified timeframe. Failure to comply with these requirements in the allotted time will result in the application being classified as withdrawn.
Afterwards, the Registry Office will conduct their own formal search for conflicting trademarks, geographical names, and conformity to the standards of international classification for goods and services. If pharmaceutical products are being registered, the Registry of Trademarks will also verify whether the mark consists of a protected International Non-Proprietary Name (INN). Furnished by the World Health Organization, INNs are generic names for specific pharmaceutical substances.
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 your sign fulfills Singapore Trade Mark Laws, you move on to the final stage, which is to publish your mark for public consumption. You will be notified that your mark is accepted for registration before it is published in the Trade Marks Journal. This gives members of the public a chance to object if they believe your design is identical or similar to a mark that is already registered or pending. Any member of the public has the right to object within two months of publication.
If no objections were made against the application in the allotted two months, or if all objections that are raised end up resolved in the applicant’s favor, the trademark will finally be declared as registered. The applicant will be given a registration certificate attesting to the successful process of registering a trademark in Singapore.
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