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Trademark Renewal
In Singapore in order to maintain the validity of a trademark registration you must renew it every 10 years. The renewal process is fairly simple, you will need to provide trademark registration details and send us a power of attorney.
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Applications are handled by experienced local Trademark Attorneys to ensure that all legal requirements are met.
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If your trademark application is rejected, our Attorneys will inform you and advise you on the best course of action.
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A dedicated Account Manager will act as your point of contact for all communications.
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 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 6 months, if no objections or oppositions arise.

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If I register my trademark in Singapore, do I have protection in other territories?

The territorial limit of registration is Singapore.

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Do I need to sign a Power of Attorney?

A power of attorney may be requested by the Registry Office during prosecution.

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Are there any benefits from a pre-filing use of the trademark?
  • use may demonstrate the mark’s acquired distinctiveness
  • use may help overcome an opposition on the grounds of non-distinctiveness
  • the “first to use” rule is effective which means that the first person to use a mark obtains all legal rights to it even if another party registers the mark at a later date
  • it may possibly stop third parties from using an identical mark
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Will there be problems in case I don’t use my trademark after registration?

Attack on the ground of non-use is available.

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What are the types of trademark that can be registered in Singapore?
  • words
  • colours
  • names
  • smells
  • certain three-dimensional shapes
  • slogans
  • devices
  • sounds
  • trade dress/get-up
  • motion
  • holograms
  • certification marks
  • collective marks
  • service marks
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What are the phases of application after a trademark has been filed in Singapore?

The order of the application process is as follows:

  1. Examination in respect of:
    • formalities
    • classification
    • clarity
    • descriptiveness
    • distinctiveness
    • deceptiveness
    • conflict with an earlier registration
  2. Publication of the following information about the application:
    • mark
    • name of applicant
    • goods/services
    • address of applicant
    • citizenship of applicant
    • state or country of incorporation of applicant
    • application number
    • priority claim information
    • application date
    • representation of trademark
  3. Registration
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What type of trademark is not registrable?
  • generic terms
  • marks contrary to moral standards or public order
  • non-distinctive trademarks
  • names, symbols of states, or flags of regions, nations or of international organizations
  • marks that function principally as geographic location names
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Does Singapore use the "Nice Classification" system?

Singapore follows the Nice Classification System.

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Does the Community Trademark apply for Singapore?

Singapore is not a member of the European Union. Hence, the Community Trade Mark registration is not followed in this jurisdiction.

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Is there any possibility to claim priority in Singapore?

Priority application is possible if:

 

  • the applicant's home country is a signatory of the Paris Convention
  • its home application was filed six months earlier than the application date in Singapore
  • the applicant's home country is a signatory of the World Trade Organization
  • an international registration can be designated in Singapore
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What do I need to do to satisfy the use requirement?

A trademark must be used within five years from the completion date of the registration procedure. Note that this is the date when the certificate of registration is issued.

 

To satisfy the use requirement, the amount of use can be minimal and must be bona fide. Use must also occur in this jurisdiction.

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Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years calculated from the application date.

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What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

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Is it legal to use my trademark even if it is not yet registered?

It is legally allowed to use an unregistered mark for any goods or services.

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Does having a registered trademark in Singapore give me any right?

Registration is not a requirement to secure rights to a trademark. The law recognizes prior use as a proof of trademark ownership. The 'first to use' principle is effective in Singapore.

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What is the web address of the trademark national office?
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Is there any need to use my trademark before I apply for registration?

Neither actual use nor intent to use is required for application.

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Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • proprietary rights
  • breach of copyright
  • the mark is not distinctive
  • the mark is descriptive
  • the mark is generic
  • notorious or well-known mark
  • protection of armorial bearings, flags and other State emblems
  • the mark is against public policy or principles of morality
  • the mark consists of a geographical indication
  • representation of the proprietor of the mark
  • the mark is of such a nature as to deceive the public
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Who can contest my trademark application?

Anyone may oppose an application.

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Is it possible to cancel a registration?

The following can be grounds for cancellation:

  • proprietary rights
  • the mark is generic
  • the mark is descriptive
  • breach of copyright
  • the mark is not distinctive
  • protection of armorial bearings, flags and other State emblems
  • notorious or well-known mark
  • using a representative for the proprietor of the mark
  • registered design rights
  • the mark is against public policy or principles of morality
  • the mark consists of a geographical indication
  • the mark is of such a nature as to deceive the public
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Are there any rights established by having a registered trademark?

The following rights are established by registration:

  • the exclusive right to use the registered trademark
  • the right to object to later conflicting applications
  • the right to request for the cancellation of a later conflicting registration
  • the right to sue third parties for infringement or for using a confusingly similar trademark
  • the right to license other third parties to use the trademark
  • the right to request for the seizure of counterfeit goods by customs authorities
  • the right to receive compensation for infringement
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How long is the opposition period?

The opposition period begins on the date of publication.

The opposition period ends two months from the date of publication. A two-month extension may be granted upon agreement with the other party.

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Is Singapore a member of the Madrid System?

Singapore is a member of both the Madrid Protocol and the Madrid Agreement. International applications may be designated in this country.

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Do I need to present periodic statement of use?

Periodic statements of use are not required.

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When should I renew my trademark?

Subsequent renewals last for a period of 10 years from the renewal date of the registration.

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What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

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Is there any documentation that should be presented when renewing a trademark?

There is no need to submit any document when renewing a trademark.

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If my trademark expires, do I have a grace period?

A grace period of six months is available. Once the owner failed to renew the trademark within this period, the registration will be omitted from the Registry. There is a penalty fee for expired trademarks.

Basic Questions
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What is a trademark?

A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by trademark registration.

With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services, and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

SM Some countries use this service mark symbol to show that the service mark has been filed at the trademark office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

You can lay claim to your work in many ways. Trademarks, patents, and copyrights offer protection to intellectual property owners. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or services from others in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea alone (otherwise we’d all be doing it). You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to an existing problem.

Copyright protects all types of original published, performed, and printed creative works of art, literature, and music. It prevents people from using, reproducing, or distributing copyrighted works without the permission of the artist, author, composer, etc. Types of work covered by copyright protection include:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

Trademarks, patents, and copyrights are all examples of ways you can protect your intellectual property. Your rights to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

The symbol of a circled letter R after a trademark name or graphic image means that the preceding trademark has been registered. Various typographic symbols indicate copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but the best practice is to use circle‑R or circle‑C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM or trademark symbol indicates an unregistered trademark for one of 34 different classes of products. Owners use this symbol to claim the preceding name or logo as the Trademark of their product.
  • SM: The SM or service mark symbol is similar to the TM symbol except it indicates a claim to a mark for a service (one of 11 classes of service) rather than a tangible product.
  • ®: Use the ® symbol once you’ve registered your trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to indicate copyrighted material. The copyright notice should appear on the material as Copyright © followed by the date the work was created, the copyright owner’s name, a period, and finally “All Rights Reserved.” Like this: Copyright © 2021, John Smith. All Rights Reserved. Use it whether the copyright has been registered or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a comprehensive search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  The other company may object to you using the trademark and legally prohibit you from doing so.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you seek professional help. Our company offers a Comprehensive Trademark Study service. The Study gives you details of the classes in which you might want to register your trademark; it also lists identical and similar trademarks, and finally, you get an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a completed comprehensive trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Comprehensive Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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