Singapore Trademark Protection System
A trademark is a symbol used to distinguish a company’s goods or services from those of others. The right holder of a registered trademark has a monopoly on its trademark, can protect market share by preventing others from using its trademark, can authorize others to use or sell its trademark, and can raise funds for commercial activities through the trademark.
If you intend to use a trademark on the goods and services specified in the application, you can apply for registration of the trademark. However, if a trademark is not truly continuously used in Singapore within 5 years of registration, it may be revoked due to non use.
Introduction to IPOS Singapore Intellectual Property Office
The Intellectual Property Office of Singapore (IPOS) is a government agency under the Ministry of Law, registered in Singapore and responsible for managing intellectual property rights.
website：www.ipos.gov.sg
Telephone：+65 – 6339 8616
address：1 Paya Lebar Link #11-03, PLQ 1, Paya Lebar Quarter, Singapore 408533
Email：ipos_enquiry@ipos.gov.sg
Introduction to Trademark Registration in Singapore
3.1 Definition and Types of Trademarks
A trademark is a symbol used to distinguish a company’s goods or services from those of others. Its form can be letters, text, names, signatures, numbers, devices (image elements), brands, titles, labels, receipts, shapes and colors, or any combination of these elements.
Some examples of different types of trademarks are as follows:
3.2 Unregistered and Registered Trademarks
In Singapore, registering a trademark is not mandatory. Individuals, companies, or enterprises who own a trademark and use it on their goods or services, obtain common law rights to the trademark due to its use and reputation.
Common law generally refers to laws based on past decisions and general principles, as precedents or applicable to situations not covered by regulations.
For unregistered trademarks, their owners can only rely on the common law “passing off” lawsuit to protect their trademarks from being imitated or used without authorization by others. However, this remedy requires the trademark owner to prove their reputation and goodwill. If the use of a company or trademark has not been established for a considerable period of time, the requirement to prove reputation and goodwill may bring some problems.
In contrast, registering a trademark grants the trademark owner a statutory monopoly right. If others use the same or similar trademark on the same or similar goods or services registered under the trademark, the registered trademark owner can rely on its trademark registration as proof of their rights to the trademark and sue the other party for trademark infringement.
Unlike patents or designs, trademarks that are already in use can still be registered. There is no time limit for trademark owners to apply for trademark registration. However, it should be noted that only after the trademark is registered, the rights holder may file a lawsuit against the infringement of the registered trademark. The rights granted by trademark registration shall take effect from the date of submission of the registration application.
® and ™ It is a common symbol related to trademarks. ® This symbol is a registered trademark and therefore protected by trademark law. ™ Just a symbol used to indicate that the logo is being used as a trademark by a company or organization, it does not mean that the logo has been registered or is not protected by trademark law.
Falsely claiming a trademark as a registered trademark (such as using it on an unregistered trademark) when the trademark is not registered or pending registration ®）， False representation of goods or services registered under a trademark is a criminal offense.
3.3 Conditions for Trademark Registration
To be registered as a trademark, the logo must be able to be represented graphically and must have distinctiveness that distinguishes the goods and/or services of the trademark owner from similar goods and/or services of others.
The following content cannot be registered as a trademark:
Describe the signs of goods and services;
Signs or indications that have become or have become customary in trade – some signs have been widely accepted to the extent that the term is used to describe the type of goods or services, rather than to distinguish the products offered, such as “escalator”;
Signs that violate public policy or ethics, such as signs that may promote unethical behavior;
Signs are deceptive, such as potentially distorting or misleading the nature, quality, and origin of goods or services;
The logo is the same as the prior trademark, and the goods or services involved in the registered logo are the same as those protected by the prior trademark;
The logo may cause confusion if it is identical or similar to a previously applied trademark within the same or similar category of goods and services;
The logo is identical or similar to a well-known trademark.
Generally speaking, trademarks without distinctive features cannot be registered. However, there are exceptions where the company has already established its own brand, to the extent that consumers associate the trademark with the company, even if the trademark itself is not significant. In this case, the trademark can still be registered based on a significant number of prior uses that have resulted in the trademark acquiring distinctive features, such as “Sharp” (television) and “Digital” (computer).
3.4 Registration trademark protection period
The protection period for a registered trademark is 10 years, starting from the date of application. Renewal will be carried out after the registration period expires.
Singapore Trademark Registration Procedure
Before applying for trademark registration, it is best to search the existing trademarks in the IPOS database to ensure that there are no identical or similar existing trademarks, especially in the same or similar business fields.
Applicants can directly submit a trademark registration application to IPOS or designate Singapore through Madrid International Trademark Registration.
4.1 Procedure for filing a trademark registration application directly with IPOS
Individuals, companies, or enterprises claiming to be the owner of a trademark can submit a trademark registration application in Singapore as long as they use or intend to use the trademark in their business processes. There are no restrictions on nationality or place of residence for applicants in Singapore, but applicants must provide IPOS with a delivery address in Singapore.
If the applicant applies for the same trademark in another country or region (a member of the Paris Convention or the World Trade Organization) within 6 months and the application is a first-time application, priority can be claimed in their Singapore trademark application.
- Submit an application
The applicant needs to provide the following information in the TM4 form to obtain the application date:
The applicant’s name and address;
Clear trademark graphics;
A list of goods and/or services classified according to the International Classification of Goods and Services that will use the trademark to be registered;
Declaration of use or intention to use the trademark to be registered;
Pay the prescribed fees for the TM4 form.
If the applicant submits the TM4 form through the IPOS Digital Hub account, all correspondence related to this application will be sent to the Digital Hub account and the applicant will not receive any written correspondence. The account address will also be automatically filled in as the delivery address in the table.
Once the Digital Hub account receives a letter from IPOS, the applicant will also receive a prompt at the email address provided when registering for the account. It should be noted that this email is only for notification purposes and does not constitute an official letter from IPOS.
Some types of trademarks may require additional information:
For trademarks composed of three-dimensional shapes of goods or packaging, they can be represented by line graphs. If the single view line diagram is not sufficient, multi angle views should be provided;
For collective trademarks and certification trademarks, applicants must attach a set of usage regulations for collective trademarks and certification trademarks within 9 months from the date of application.
Once the form is submitted and accepted by IPOS, the fees paid are generally not refunded. For example, if a trademark application faces opposition from IPOS and the applicant does not wish to continue the application, the fees paid for the application will not be refunded.
- Formal review
After receiving the application and corresponding fees, the Trademark Registry will conduct a formal examination to check whether the application meets the minimum application requirements, such as ensuring that the required goods or services are indicated in the application form.
If the minimum application requirements are met, the registry will allocate an application date for the application. Otherwise, the registry will issue a letter requesting the applicant to make up for the missing content. If the applicant fails to make up for the deficiencies within the given deadline, the application will be deemed never to have been filed.
- Search
After the formal examination of the application, the examiner of the Trademark Registry will conduct a search to check whether the applied trademark is identical or similar to any registered trademark or trademark already applied for by others for the same or similar goods or services. The examiner will also check whether the trademark is composed of or contains geographical indications. If the application is related to a drug, the examiner also needs to check whether the trademark contains a protected international non patented name (INN) – INN provided by the World Health Organization is a generic name for a specific pharmaceutical substance. All of the above situations may lead to the examiner’s rejection of the trademark application.
In addition, the designated categories of goods or services will be inspected to ensure compliance with the International Classification of Goods and Services. Incorrect classification will result in the application being rejected.
- Review
After conducting a search, the registration office will review the application to determine whether the applied logo can be legally registered as a trademark. The examiner will inspect to ensure that the symbol does not fall within the scope prohibited by law, such as having no significant features.
If the examiner has any grounds for rejection of the trademark, the applicant will be notified and given a specified period of time to respond. The applicant may request an extension of time to postpone the deadline.
- Publication and Objections
If the examiner does not reject the application or all opinions have been overcome, the applicant will be informed that the application has been accepted. The application will be published in the official trademark gazette for a period of 2 months. During this period, any interested party may raise objections to the registration of the trademark.
Objection refers to the process in which a third party with an interest opposes the granting of trademark registration. According to the Singapore Trademark Law, opposition notices should be accompanied by valid reasons, such as opposing the similarity of the trademark to a previously registered or pending trademark. The secretary of the hearing and mediation department will review the information and evidence provided by both parties and provide reasons for the ruling.
- Registration
If there is no objection to the trademark registration, or if the objection is ruled in favor of the applicant, the trademark will be registered and a registration certificate will be issued.
For more information, please refer to the official website and information manual of IPOS.
Introduction to Singapore Trademark Office Fees
| Pay Service | $ |
| – Apply for registration of trademark, collective trademark or certification trademark (Form TM4) for each designated category of goods/services | 280 / Class |
| – Apply for split registration application (Form TM8), adding each additional application on the basis of the original application | + 280 |
| – Apply for or modify the usage regulations of collective trademarks or certification trademarks through FormSG | |
| Each trademark number | 340 |
| When modifying regulations, for each table or each trademark number | 70 |
| – Apply for extension/restoration of registration | |
| Renewal of registration upon or before expiration | 440 / Class |
| Late renewal registration | 645 / Class |
| Restore registration | 705 / Class |
| – Request to modify trademark application or registration | 40 / Class |
| Amendments to the description, class number, or priority requirements for trademark applications or registrations | 40 / Class |
| Other revisions (excluding changes to anyone’s name or other details, as well as revisions related to instructions, category numbers, or priority claims) | 40 / Trademark Number |
| Disclaimer or restriction for trademark registration | 40 / Trademark Number |
| – Request appointment or change of agent | free |
| – Request to change anyone’s name or other details | free |
| – Request to revoke or partially revoke the registered trademark | free |
| – Request correction of errors | 50 |
| – Request for extension of deadline | |
| The first and second requests | free |
| Third and subsequent requests | 50 |
| – Request registration, modification, or termination of license | 60 / Trademark Number |
| – Request registration, modification, or termination of security interests | 50 / Trademark Number |
| – Request registration of ownership transfer | 70 / Trademark Number |
| – Request to withdraw the application | free |
| – Request a certified copy of the registration entry or excerpt | |
| Soft copy | 28 |
| hard copy | 35 / serving |
| – Request to provide proof documents issued by the Registrar | 12 /serving |
| – Request to continue processing applications, only applicable to applications treated as withdrawn (recoverable) before May 26, 2022 | 100 |
| – Submit a notice of objection to the following matters:
(1) Request for correction or correction of errors or mistakes; (2) If the modification of a published trademark registration application affects the expression of the trademark or the goods or services involved in the registration application; (3) Registration of trademarks, collective trademarks, or certification trademarks; (4) Delete any item from the register; (5) Change of registered trademark; (6) Apply to modify the usage regulations of registered collective trademarks or certification trademarks. |
420 / Class |
| – Apply for revocation, cancellation or correction | 420 /Class |
| – Hearing and Decision | |
| The first category of goods/services | 1000 |
| Each category thereafter | 800 /Class |
| – Request for extension of deadline | |
| Delay related to trademark, certification trademark or collective trademark registration objection notice | free |
| Delay related to counter statements | free |
| Delay related to evidence | 100 /Class |
| Delay related to tax and other issues | 120 / Trademark Number |
| – Request for a hearing attended only by the requesting party (unilateral hearing) | 100 / Trademark Number |
| – Request to provide reasons for the decision on objections | 700 / Trademark Number |
| – Counter statement | 360 / Class |
For more information, please refer to the official website of IPOS.