Trademark registration in Singapore

Trademarks – a symbol of uniqueness and development have become an indispensable image in today’s business world. In particular, trademark registration in advanced countries such as Singapore is not only to protect intellectual property rights, but also an important step to mark the stature and reputation of enterprises. Singapore, as the leading financial and economic center in Southeast Asia, is an ideal environment for brand growth. The procedure for trademark registration here is not only a legal procedure but also an opportunity for businesses to shine in creativity and uniqueness. Viet An Law Firm will guide customers preliminarily on the procedure for trademark registration in Singapore.

Legal basis

• “Trademark Rule (2008 Amendment, as amended from 2017 Trademark Amendment Rule No. 2)”
• “Trademarks Act 1998” (Amendment of 2020, as amended from the Articles of Conduct Amendments Act 2022)

Conditions for trademark registration in Singapore

Under the Singapore Trademark Law, a protected trademark is a trademark that meets the following conditions:

• Distinguishable: The trademark must be able to distinguish the applicant’s goods or services from those of others. Trademarks must not be too generic, descriptive, or indistinguishable.
• New: A trademark must not be identical or confusing to a registered trademark or trademark previously filed for registration.
• Appropriate: Trademarks must not be contrary to public order or morals in Singapore.
• Visual: Trademarks can be represented visually, such as words, logos, images, or combinations thereof.

Type of trademark protected in Singapore

There are 4 types of trademarks protected in Singapore, including:

• Word mark: A trademark consists of one or more words.
• Image brand: A trademark consists of one or more images.
• Trademark combination: A trademark consists of both words and images.
• Three-dimensional trademark: A trademark consists of the three-dimensional shape of the goods or the packaging of the goods.

Trademark registration documents in Singapore

A trademark registration dossier in Singapore includes the following documents:

• Trademark Application Form (Form TM4): The trademark application form can be downloaded from the website of the Intellectual Property Office of Singapore (IPOS). The form asks for information such as name, address, trademark description, and category of goods or services. Customers can download the application form via the address below https://www.ipos.gov.sg/about-ip/trade-marks/how-to-register
• Trademark template: A trademark template should be a clear and visible copy of the trademark. If the trademark is colorful, it should be clearly noted.
• Identification: The applicant’s identification, such as a passport or ID card.
• Power of attorney (if applicable): A valid power of attorney if you hire an attorney or intellectual property representative to apply

How to file for trademark registration in Singapore

To file for trademark protection in Singapore, you can file using the following filing methods:

• Direct submission: You can come directly to the office of the Intellectual Property Office of Singapore at 1 Paya Lebar Link #11-03 PLQ 1, Paya Lebar Quarter Singapore 408533 to submit your application and related documents.
• Post Mail: You can send your application form and all required documents via postal or courier service to the address of the Intellectual Property Office of Singapore.
• Submitting online via IPOS Digital Hub will save 10% in fees compared to filing in person.: https://www.ipos.gov.sg/eservices . When applying online, you should pay attention to the payment of the relevant fee in accordance with the instructions of the Intellectual Property Office of Singapore.

Trademark filing fees in Singapore

The trademark registration fee in Singapore depends on a number of factors, including:

• Trademark Type:
  • Word marks: Approx. S$330 for a class of goods/services, increments of S$80 for each additional class.
  • Image marks: Approx. S$420 for a class of goods/services, an increase of S$80 for each additional layer.
  • Combined brand: Approx. S$420 for a class of goods/services, an increase of S$80 for each additional class.
  • Holographic marks: Approx. S$510 for one class of goods/services, incremental to S$80 for each additional layer.
• Application method: Submitting online via IPOS Digital Hub will save 10% of fees compared to direct submission.
• Additional Services: Additional fees may apply for services such as document translation, priority requests, or professional assistance from an attorney.

Example:

• Trademark registration for two classes of goods/services:
  • Submit online: S$330 + S$80 = S$410
  • Direct deposit: S$330 + S$80 + S$33 (direct deposit fee) = S$443

Synthesise:

• The basic cost for trademark registration ranges from a class of goods/services ranging from S$330 (online filing) to S$363 (direct filing).
• Costs will increase according to the type of brand, the number of classes of goods/services, and additional services used.

Trademark application processing process in Singapore

The processing time for trademark applications in Singapore typically takes between 8 and 12 months, depending on factors such as potential objections and any necessary clarification.

Stages of processing trademark registration documents in Singapore:

• Trademark Search: This is the first stage, applicants need to carry out a trademark search through the Intellectual Property Office of Singapore (IPOS) database to ensure the trademark they choose has not been registered.
• Preparation of documents: The applicant needs to complete a trademark application form (Form TM4) with information such as name, address, description of the trademark, and category of goods or services. Include a clear image of the trademark.
• Application: Applicants can apply online via IPOS Digital Hub or in person at the IPOS Registrar’s Office.
• Due Diligence: IPOS will evaluate the applicant’s application to ensure compliance with legal requirements. This may include correspondence to clarify points or address potential issues.
• Publication of the Gazette and objection: If the application passes the review, the applicant’s trademark will be published in the Trademark Gazette within 3 months for disclosure. Individuals or organizations with legitimate interests can file objections.
• Grant of protection certificate: If no objection petition is filed or all objections are resolved, the applicant’s trademark will be registered and they will receive a certificate of protection.

Factors affecting the processing time of trademark registration applications in Singapore:

• Number of layers of goods or services: Trademark filings for multiple classes of goods or services will take longer to process.
• Potential objections: If an objection is filed, the processing time will be longer for IPOS to address those objections.
• The need for clarification: If IPOS requires the applicant to clarify any information in the application, the processing time will also be longer.

The validity of a trademark protection title in Singapore is 10 years from the date of submission of the application. A protection title may be renewed several times, 10 years each, as long as the trademark owner submits the renewal application and the associated fees before the protection title expires.

Trademark registration service in Singapore of Viet An Law Firm

• Perform the search and notify customers in writing of the results of trademark search in Singapore;
• Prepare the application and directly file and monitor the status of the trademark application filing in Singapore on behalf of the trademark owner;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Singapore;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives to carry out procedures in Singapore.
• Receive dispatches, certificates and hand over to customers (if any).

If customers want to file a trademark application in Singapore, please contact Viet An Law Firm for the most effective support.