To register a trade mark in Singapore, you need to approach the Intellectual Property Office of Singapore (IPOS), which is a statutory body under the umbrella of the Ministry of Law. You can either go straight to the Registrar or appoint a trade mark agent, possibly a lawyer, to apply for you.
For a trademark to be registered in Singapore, it should be possible to represent it as a graphic. Such a sign could take the form of a letter, a word, a name, a signature, a numeral, a device, a brand, a heading, a label, a ticket, a shape, a colour, an element of packaging, or any combination of these. Singapore trademark law does not require evidence of use to be filed as part of the application process before the trademark registration is granted. This is in contrast to practices in other countries like the United States.
Applicants are encouraged to conduct a research of existing trademarks to ensure that there is no prior similar or identical trade mark in the records of the Singapore Registry of Trade Marks. The search can be conducted at the IPOS office or online at eTradeMarks.
Once you are satisfied that your trade mark does not conflict with anyone else's, you can submit your application. Manual submissions, which cost S$340, can be made either by hand or sent via registered post to the Singapore Registry of Trade Marks. You can also apply online using the IPOS eTradeMarks system at a cost of S$310.
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.
During the review process, the Registry may object to your trade mark sign for whatever reason and ask you to make corrections within a certain period of time. You should fulfill the Registry's request, or respond accordingly, before the deadline otherwise your application is deemed to have been withdrawn.
The next step is for the Registry Office to mount an extensive search for similar or conflicting trademarks. They will also review geographical names and ensure your sign conforms to the international classification of goods and services. If your sign represents pharmaceutical products, the Registry would make further investigations. They would check if your mark breaches the World Health Organisation's INN (International Non-Proprietary Name) list, which provides common names for pharmaceutical products.
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 it is verified that the trademark complies with Singapore Trademark Laws, the applicant will be notified of the acceptance of the application for registration which will be published in the Trade Marks Journal for public information. This will also allow any interested party to oppose the registration within two months for various grounds including issues such as the application is similar to a pending mark.
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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