Singapore trademark

This article contains information about the current intellectual property law and practice in Singapore. The content of this article is for educational purposes only and it should not be relied on professional advice.

Definition

In Singapore, the operating statue of the mark for the 1998 Trade Marks Act (Act). The Act defines a trademark as a sign -

"(1), which is likely to be presented graphically and
(2), which is appropriate for the goods or services ... provided in the course of trade by a person of goods or services, ... equipped with any other person. "

Given the broad definition of a trademark can be almost anything that is likely to dealers of products and services in trade, since such a word, number, logo, design, slogan, signature, device, color, smell, aspect of packaging, or Combinations of the above. The most important condition is that the mark be distinctive, i. e, it is distinctive from home or have undergone extensive use of distinctive character.

Trademark Process

The intellectual property in Singapore (IPOS) is the State Agency for Intellectual Property (IP) management laws in Singapore. Most transactions can be made online video IPOS official website, which offers a safe one single access point for over an alias, application, registration and perform search brand.

An application in Singapore take a simple question, usually about. 6 to 8 months after its submission for approval. If the application encounters the office encounter objections or challenge by third parties, extended the time period. Within 2 to 4 weeks from the date will have a IPOS mark No and then will issue the first office action, if have any objections or queries raised by the Registrar.

During the substantive examination, the Registrar to consider the application to verify that they meet the requirements of the Act. Office action can usually technical and professional advice to overcome the objections requires. When the registrar is satisfied that the application is in good condition and all objections have been withdrawn or canceled, said proceed to publication of the scene.

IPOS accepted brands are published in the Singapore Trade Marks Journal is available to the public via its web portal. Any person may object to the recognized brand is a contradiction (opposition) within 2 months would like to file from the date of publication. This period may be extended up to 4 months from the date of publication.

All opposition is a long and costly process, both parties, to the opponent and submitting his objection, counter-statement affidavits and written submissions within the prescribed time limit. During the procedure, the parties to the negotiations for a settlement before the hearing stage when it comes to amicably resolve the force.

If no appeal is lodged the prescribed period, the IPOS registration. In Singapore, the registration of a mark valid for 10 years, and protection can take any number of times with proper use of the registered trademark and the payment of renewal fees every 10 years.

Main advantage of a registered trade mark

Although not necessarily a trademark registration in Singapore, called the owner of the registered mark only if the joint action of the law "misleading" to protect its trademark against infringement. Since this drug covered by the trademark owner to demonstrate that generate goodwill and reputation of the unregistered mark, it can be expensive and difficult for him to assert their customary rights. However, registration as proprietor of the registered mark a statutory monopoly, so it only to his registration as proof of his rights to the registered trade mark infringement claim and seek.