International Trademark Registration in Singapore

Singapore, with its position as a leading financial and commercial center in the world, has become a “fertile land” attracting a series of international brands. From giants in the fashion industry such as Zara, H&M, to famous names in the field of technology such as Apple, Samsung, or luxury car brands such as Mercedes-Benz, BMW, Singapore are all present. The presence of these brands not only provides local consumers with a wide range of choices, but also contributes to the strong development of Singapore’s economy. By creating a conducive business environment, the Singapore government has attracted foreign investors, created jobs, and improved the quality of life of its citizens. Viet An Law would like to guide customers through the procedure for international trademark registration in Singapore through the article below.

How to file an international trademark application in Singapore

If you want to protect your trademark in multiple countries, including Singapore, you have two options:

• Individual filing: You can file your application directly at the intellectual property office of each country you want to protect.
• Filing an international application via the Madrid System: This is a simpler and more economical way. You only need to file a single application, in one language, and pay a single fee for trademark protection in multiple member states.

To apply internationally through the Madrid System from Singapore, you need to meet one of the following conditions:

• Be a citizen of Singapore
• Have a permanent address in Singapore
• Have a manufacturing or trading establishment in Singapore

Before applying, make sure that:

• You have registered your trademark in Singapore.
• The countries you want to protect have joined the Madrid System.

International trademark registration dossier in Singapore under the Madrid System

The Madrid Application includes the Madrid Application of Singapore origin and the Madrid Application of designation of another country as a member of the Madrid System.

To register your trademark protection in multiple countries through the Madrid System, you need to submit Form MM2(E) through the IPOS Digital Hub e-Service Portal at the following link:

https://digitalhub.ipos.gov.sg/FAMN/process/IP4SG/MN_Index

When applying, you need to prepare:

• Form MM2(E): This is a mandatory form for making an international application.
• Administrative fee: You need to pay an administrative fee to the IPOS.
• WIPO Fee: This is the fee you need to pay to the World Intellectual Property Organization (WIPO). This amount will depend on factors such as:
  • Brand Type: Black White or Color
  • Number of countries: How many countries do you want trademark protection in
  • Number of groups of goods/services: How many types of goods/services you apply for protection

Fees for filing an international trademark application through the Madrid System

Fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color brand) (Note! A 90% discount applies if the applicant files at the Intellectual Property Office of a developing country at least); and
• The additional fees depend on where the applicant wants to protect his trademark and the number of groups of goods and services the applicant wants to cover. In order to expand its geographical coverage, or modify or renew its international registration, the applicant will have to pay additional fees.

The process of processing an international trademark application through the Madrid System

• Filing an International Trademark Application: The applicant will submit his or her trademark application to an intellectual property office, usually the Intellectual Property Office of the country in which they reside or are based.
• Formal examination: After receiving the application, the intellectual property office will check whether the application has all the information, procedures and other formal requirements. This phase usually lasts about 2 months.
• Substantive examination: If the application passes the formal examination stage, it will be forwarded to the International Bureau for substantive examination. This phase is estimated to take about 2 months if no errors are detected.
• Examination by Member States: Once accepted by the International Bureau, the application will be forwarded to the countries designated by the applicant (member states of the Madrid System). These countries will conduct another inspection to ensure that the trademark does not violate their regulations. Note, the inspection time of each country may vary.

International trademark applications filed through the Madrid system for protection in Singapore will be processed according to the following process:

• Receipt of International Application/Additional Appointment for Singapore: This stage marks the filing of the international trademark application and also includes the case of designation of adding Singapore to the list of countries in need of protection.
• Inspection and processing: The application will be inspected by the competent authority in Singapore in terms of form and content. The estimated time is about 9 months if no problems arise.
• Publication: If the application passes the stage of form and content inspection, the trademark will be made public. The announcement time is about 3 months if no one objects.
• Handling of complaints (if any): If a third party files an objection during the publication period, the Singapore Intellectual Property Office will give both parties time to argue and respond to the trademark registration.
  • If the complaint is unsuccessful: Trademark protection rights will be granted.
  • If the appeal is successful: The application will be rejected.
• Issuance of a certificate of protection: If there is no object of objection or if the applicant wins the case during the complaint process, the competent authority will issue a certificate of trademark protection in Singapore.

If you wish to apply for trademark registration, please contact Viet An Law for the most effective support.