Guide to registering a trademark in Singapore

Singapore, as one of Asia’s leading economic, financial and commercial hubs, is not only an ideal destination to live and work but also an extremely potential market for businesses to build and develop their brands. Singapore is well-known for its vibrant startup environment and strong supportive policies for tech companies. Sectors such as fintech, e-commerce, AI, and blockchain are thriving, creating many opportunities for businesses. With a modern and stable banking system, Singapore is an international financial center. Businesses can provide services such as asset management, financial advisory, insurance, and financial technology. Singapore is an attractive tourist destination with many attractions, events, and festivals. Businesses can participate in fields such as MICE tourism, medical tourism and experiential tourism. Singapore is a market full of potential, but also very competitive. To be successful, businesses need to build a prestigious, differentiated brand and create trust for customers.

Guide to preparing a trademark for registration in Singapore

Before filing a trademark application, you should check whether your trademark meets the registration criteria. Here are four quick questions to help you determine your trademark registrability:

Does your trademark meet the registration criteria?

To register a trademark, several key criteria should be noted. Your trademark must:

• Can perform as graphics
• Be differentiated and able to distinguish your goods or services from other merchants
• Does not include all signs describing your goods or services (e.g., best, cheapest)
• Does not include all of the usual signs in applicable language or trade practice (e.g., the trademark “Escalator” has become so popular that it is used to describe elevators moving people and can no longer be used to distinguish merchants selling that type of goods)
• Not identical or confusing to an existing trademark”

Have you looked up your trademark?

Before registering a trademark, you should conduct a similar trademark search on the IPOS Digital Portal (electronic service portal) to ensure that no trademark belonging to a previously registered third party is identical or similar to your trademark. You can access it via the following link: https://digitalhub.ipos.gov.sg/FAMN/eservice/IP4SG/MN_TmSimilarMarkSearch

If the results of a similar or identical trademark search result and the trademark is protected for similar/identical goods or services that your trademark intends to register in your trademark application, your application may be opposed. In some cases, you can appeal the objection by providing a consent letter from the other party.

Have you correctly classified goods and services?

The scope of your trademark protection is determined by the goods and/or services listed in the application. You are required to specify the group number and an accurate description of the goods and/or services according to the Nice Classification which has 45 groups of goods and services.

Do you need to hire an intellectual property agent to process the case on your behalf?

While hiring a service to file a trademark application is not required, you can benefit from having professional help to advise you on your trademark registration capabilities, determine the appropriate classification for your goods and services, and assist in finding a similar trademark.

Guide to filing a trademark application in Singapore

To register for trademark protection in Singapore, you need to file Form TM4.

There are two ways to apply:

• Via the IPOS Go mobile application: This is a fast and flexible solution that helps you complete the procedure anytime, anywhere. You can access it via the following link:

https://www.ipos.gov.sg/eservices/ipos-go

• Via the IPOS Digital Hub e-service portal: The online portal is fully featured and supports you to perform registration operations easily. You can access it via the following link: https://digitalhub.ipos.gov.sg/FAMN/process/IP4SG/MN_Index

Form TM4 includes the following information:

• Applicant information: The full name and address of the applicant or organization.
• Trademark image: A clear image that fully represents the characteristics of the trademark you want to register.
• Catalogue of goods/services: Specifically list the products or services that you want to protect the trademark.
• Trademark Use Statement: Confirm that you are using or intend to use the trademark.
• Application Fee

Trademark Application Processing Process in Singapore

When you want to register your trademark protection in the Singapore market, you will go through a process that includes the following main stages:

Submit Application

• Prepare documents: You will need to prepare all the information about the trademark, goods or services that you want to protect, along with the relevant documents as prescribed by the Intellectual Property Office of Singapore (IPOS).
• Application: After completing the application, you will submit an application to IPOS. It can be filed online or in person at the IPOS office.

Inspection and processing of applications

• Preliminary assessment: IPOS will check whether your application is fully informed, properly formatted and complies with legal regulations.
• Processing time: Usually, this process will take about 9 months, if no issues arise.

Proclaim

Public Notice: After your application is accepted, information about your trademark will be widely published in the official gazette of IPOS. During this time, third parties will know about your trademark and if there is any dispute, they can file an opposition.

Objection stage (if any)

• Opposition: During the publication period, if any person or organization believes that your trademark infringes their rights, they have the right to file an opposition.
• Dispute resolution: If there is an objection, IPOS will review and resolve the dispute in accordance with the law.

Final Decision

Registration or rejection: After thoroughly reviewing all information and resolving disputes (if any), IPOS will make a final decision:

• Registration: If your trademark meets all the requirements and there are no grounds for rejection, your trademark will be officially registered.
• Rejection: If your trademark does not meet the requirements or violates the law, your application will be rejected.

If you wish to file a trademark registration application in Singapore, please contact Viet An Law for the most effective support.