Introduction to Singapore Trademark Registration System

1. Trademark Registration Authority
   
   Intellectual Property Office of Singapore (IPOS)
   
   
2. Signed International Treaties for Trademarks
   
   Paris Convention; Madrid Agreement; Madrid Protocol; Singapore Treaty on Law of Trademarks; Nice Agreement
   
   
3. Principles for Trademark Protection
   
   (1) Registration principles. Singapore Trade Mark Act protects registered trademarks, Article 4 of Trade Mark Act stipulates that “A registered trademark is a property right obtained by the registration of the trademark under this Act and the proprietor of a registered trade mark has the rights and remedies provided by this Act.” If the trademark is used by someone without authorization/license, the trademark owner can rely on his right to the trademark and sue the other party for trademark infringement.
   
   (2) First-to-use principles and first-to-file principles. According to Article 28 of Trade Mark Act, a person does not infringe a registered trademark by using an unregistered trade mark if he has continuously used the unregistered trademark from a time before the date of registration of the registered trademark or the date the owner first used the registered trademark. It shows that Singapore also protects the right to use of the unregistered trademark.
   
   (3) Common law protects trademark that has been in continuous use but has not been registered. For trademark that is not registered, the owner can only rely on the common law action of “passing off” to protect his mark against imitation or unauthorised use. This remedy, however, requires the owner of the mark to prove his reputation and goodwill, and the use of the infringe mark may cause confusion or misleading to the public.
   
   
4. Types of Registered Trademarks
   
   In Singapore, the trademark can be any letter, word, numeral, device (drawing or design), name, brand, label, aspect of packaging, shape, colour, sound, or a combination of these elements. In addition, certification trademark and group trademark are also protected by Singapore Trade Mark Act.
   
   
5. Required Application Documents
   
   (1) Applicant’s name, address and nationality/ Company’s name, registered address and country;
   (2) A clear graphical representation of the trademark;
   (3) An applicant’s Singapore service address;
   (4) Pronunciation and translation of the trademark (if the trademark contains foreign language);
   (5) Priority documents (when priority is claimed).
   
   
6. Timeframe and Procedures for Application
   
   If an application goes smoothly, it takes around 9 months from filing the application to registration. Among the whole process, it takes around 3-6 months for examination and if there is no objection raised by IPOS, the trademark will then be published for 2 months. If no opposition is filed, a registration certificate will be issued within 1 month after the end of publication.
   
   
7. Term and Renewals
   
   The trademark registration in Singapore is valid for 10 years from the date of the registration, which can be renewed every 10 years. If the registrant would like to extend the trademark protection period, a request for renewal shall be made within 6 months before the expiry date. Where no request has been filed within the said period, a grace period of 6 months may be allowed. Where no application for renewal has been filed after the grace period, IPOS shall cancel the trademark. In such case, the request for restoration shall be made within 6 months from the date of cancelation to restore the trademark.
   
   
8. Non-use Cancellation 
   
   If a registered trademark has not been formally used in Singapore by the owner or licensee on the goods/services for which it is registered for a continuous period of at least 5 years, any third party shall have the right to apply for cancellation of a registered trademark. 

Singapore Trademark Registration Costs and Procedures