The Singapore government is committed to making Singapore an important regional center for intellectual property. Therefore, the government places great emphasis on protecting and promoting intellectual property rights by enacting a series of laws and regulations to protect them.
In addition, through funding and supportive policies, the government has also created a research, policy, and business environment that encourages innovation and facilitates the commercialization of intellectual property. Singapore is also a member of various international conventions and organizations related to intellectual property, including the Paris Convention, Berne Convention, Madrid Protocol, Patent Cooperation Treaty, Budapest Treaty, Agreement on Trade-related Aspects of IP Rights, and World Intellectual Property Organization (WIPO).
The types of intellectual property protected in Singapore include patents, trademarks, registered industrial designs, copyrights, integrated circuit designs, geographical indications, trade secrets and confidential information, and plant varieties. The Singapore government has enacted specific laws to protect each type of intellectual property right.
Trademark Registration:
1. Eligibility for Application
Applications can be submitted by individuals or legal entities. Individuals must attach a copy of their passport or identity card, while legal entities must attach a copy of their business license. Documents required for trademark application:
- Applicant’s name, address, or country of registration.
- If the trademark to be registered is a color logo, please provide 6 copies of the trademark design; for black and white logos, one copy is sufficient.
- A complete list of products or services that will use the trademark and the desired registration category.
- Priority rights documents, if applying for registration with priority.
- If the trademark submitted has a specific meaning in writing, please also include a translation.
2. Preliminary Examination (Trademark Search)
Because the trademark registration process is quite complex and lengthy, conducting a trademark search in advance is an important step to avoid rejection or wasted costs. The search results can reveal two things: first, whether the proposed trademark is the same or similar to that of another party; second, whether the trademark complies with applicable legal provisions. Although not required by law, we strongly recommend conducting a trademark search before submitting an official application.
3. Application Submission
Fill out the application form completely and sign or stamp it with your company seal. Before submitting, make sure all documents are properly prepared. The most important thing is to determine the trademark registration category. In addition to choosing a category that matches your main business field, you can also register your trademark in related categories to avoid infringement by other parties in different categories. Generally, trademarks are divided into 45 categories according to international standards.
After the application is received by the Intellectual Property Office, an initial examination will be conducted. If it meets the requirements and there is no duplication with previous applications, the trademark will enter the public announcement stage. If there are no objections from other parties during the announcement period, a registration certificate will be issued.
4. Use of Priority Rights
In many similar trademark applications, the Trademark Office will usually determine registration rights based on the order of submission. The first applicant will get “priority rights.” After receiving the “Letter of Acceptance” from the trademark registration office, you do not need to worry about imitation applications from other parties, because your trademark is protected by the priority right. However, while waiting for the official certificate, the trademark can only use the ‘TM’ mark. After the certificate is issued, you can use the “®” symbol. In the event of a violation, the trademark holder can file a lawsuit.
5. Trademark Registration Procedure in Singapore
- The applicant (or their representative) submits the registration form along with the prescribed fee.
- Once received, the trademark office will review the application to ensure it complies with the regulations. If it does not meet the requirements, the applicant will receive a report stating the reasons for rejection.
- If the application passes the review, the trademark will be published in the Government Gazette.
- Anyone can file an objection within two months after the announcement. If there are no objections, the registration will be approved.
- Finally, the trademark office will issue a registration certificate to the applicant.
6. Registration Timeline
The acceptance letter is usually issued within 2 months after submission, while the official certificate is issued within approximately 6-12 months (depending on the case). The trademark certificate is valid for 10 years and can be renewed every 10 years thereafter. That concludes the trademark and patent registration process in Singapore. If you require intellectual property registration services in other countries, please contact us for further consultation.
Registered Design (Industrial Design)
A design refers to the shape, configuration, pattern, or ornament applied to a product through any industrial process. If you register a design, you will protect the visual appearance of the product. Design registration is mainly used to protect designs used industrially.
Benefits of registering a design:
By registering an industrial design, you will obtain ownership rights to the design and prevent others from using your design without permission. You can use these design patent rights to prohibit others from imitating your product or design, thereby better protecting your market share. In addition, you can also license the design to third parties for commercial gain, or sell it for additional income.
To be eligible for registration, a design must meet two main criteria:
The design must be new – The design being registered must not already be registered in Singapore or elsewhere, and must not have been published anywhere in the world prior to the date of the first application. Therefore, the owner of the design must be careful not to disclose the design to anyone before the application is made. A design is considered not to be new if:
- It has been registered previously;
- It has been published anywhere in the world, in any form;
- The differences are only minor details that are insignificant, or functional features or general designs that are widely used in the industry.
The design must be industrially applicable – The design being registered must be applicable to the final product through industrial methods.