Trademark registration in Singapore

Singapore is a global business hub and a key player in intellectual property (IP) protection. For companies looking to expand their international presence, understanding the trademark registration process in Singapore is fundamental.

1. Official Registration Authority

The official body responsible for trademark registration in Singapore is the Intellectual Property Office of Singapore (IPOS). IPOS is the sole entity to which an application must be submitted to obtain legal protection for a trademark in Singapore and is part of the Ministry of Law.  

2. Legal Framework and Protection Principles

Trademark regulation in Singapore is primarily governed by the Singapore Trade Marks Act of 1998 (last revised in 2007) and the Singapore Trade Marks Rules of 1998. This legislation integrates the "common law" of IP, where trademark protection is granted through registration.  

Singapore operates under the "first-to-file" principle for trademark protection. However, it also recognizes the right to use unregistered trademarks if they have been continuously used from a time before the registration date of a registered trademark or the date the owner first used the registered trademark. For unregistered trademarks, the owner can rely on the common law action of "passing off" to protect their mark against imitation, but this requires proving the reputation and goodwill of the mark.  

3. Types of Registrable Trademarks

In Singapore, a trademark can be any letter, word, numeral, device (drawing or design), name, brand, label, aspect of packaging, shape, color, sound, or a combination of these elements. The crucial aspect is that they must be distinctive and capable of differentiating one trader's goods or services from another's.  

4. Requirements for Registration

To register a trademark in Singapore, the following information and documentation are required :  

• A statement for the trademark registration.

• Applicant's name and local address (or company name, registered address, and country).

• A clear graphical representation of the trademark (in.jpg format for logos). For 3D drawings, the outline must clearly show all dimensions.  

• A list of all goods and services related to the trademark.

• A statement of intended use of the trademark (can be applied for before use, provided there is an intention to use it).  

• If the trademark contains words in a language other than English, translation and transliteration of the words must be provided.  

• Priority documents (if priority is claimed from an earlier application in another Paris Convention or WTO member country, within 6 months of the first filing).  

Important: A power of attorney is not required. However, foreign applicants must provide a registered service address in Singapore to ensure they are contactable.  

5. Step-by-Step Registration Process

The trademark registration process in Singapore generally follows these stages :  

1. Check Registration Criteria: Before filing the application, it must be verified whether the trademark meets the registration criteria, including its distinctiveness and the absence of similarity with existing marks. A prior trademark viability search is recommended.  

2. File Application: The application is submitted to IPOS. This can be done through the IPOS website (preferably electronically). The application must include all relevant details and the list of goods or services.  

3. Formal Examination: IPOS conducts an initial review of the application to ensure it is complete and meets formal requirements. If the information is incomplete, IPOS will send a notice for correction. If complete, a trademark application number will be issued within 15 days.  

4. Substantive Examination: IPOS examines the trademark to assess its eligibility for registration, including its distinctiveness, legal compliance, and potential for confusion with existing marks. If the application faces any objection, an examination report will be issued, and a response will be required within 4 months.  

5. Publication: If the application is accepted, it will be published in the Trade Marks Journal for public inspection for 2 months. During this period, any interested party may oppose the trademark's registration.  

6. Registration: If there is no opposition or if it is resolved in favor of the applicant, the trademark will be registered, and a digital Certificate of Registration will be issued by IPOS.  

6. Timelines and Validity

• Processing Time: If the application is filed completely and faces no objections, the registration process can take between 8 and 12 months. The initial examination can take between 3 and 6 months.  

• Validity: Once registered, the trademark is protected for 10 years from the filing date of the application.  

• Renewal: The registration can be renewed indefinitely for consecutive 10-year periods. The renewal application must be made 6 months before the expiry date. A 6-month grace period is allowed after the expiry date, but with additional fees.  

7. Nice Classification

Singapore is a signatory to the Nice Agreement Concerning the International Classification of Goods and Services for the Registration of Marks (Nice Classification). IPOS uses this classification to categorize goods and services. A new edition of the Nice Classification is published every five years, and a new version of each edition is published annually. It is recommended to use IPOS's pre-approved list of terms, as this can reduce government fees by 30%.  

8. Madrid Protocol Membership

Singapore is a member of the Madrid Protocol. This means that trademark owners in Singapore can extend protection to multiple member countries through a single international application via the World Intellectual Property Organization (WIPO). Conversely, companies from other Madrid Protocol member countries can designate Singapore to obtain trademark protection through this system.  

Key Considerations

• Trademark Use: If a registered trademark has not been genuinely and continuously used in Singapore for an uninterrupted period of 5 years after its registration, there is a risk that the trademark may be revoked for non-use.  

• Distinctiveness: Trademark applications may be refused for lack of distinctiveness, being descriptive, or being similar to existing trademarks.  

• Local Agent: Although the law does not explicitly require a local agent for foreign applicants, a service address in Singapore must be provided. In practice, it is common and advisable for non-resident applicants in Singapore to entrust the application to an agent.  

• Language: The official language of Singapore is English, and applications must be submitted in English.  

Register and file your trademark application in Singapore

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