ipos.gov.sg Register Trade Mark In Singapore : Intellectual Property Office

Name of the Organisation : Intellectual Property Office Of Singapore (ipos.gov.sg)
Type of Announcement : Register Trade Mark In Singapore
Country : Singapore
https://www.ipos.gov.sg/

Related :
Intellectual Property Office ePatent Singapore : www.statusin.org/721.html

Applying to register a trade mark in Singapore :

1. Before you apply :

1 Please conduct a Similar Mark Search via eTrademarks to ensure that there are no existing marks on the Register that are similar to yours. If there exists a similar mark (used on similar goods or services), we would raise an objection to your application.

Your application will normally be examined in about four to six months from the filing date.

2 You would need to determine the goods and services in respect of your trade mark application. In accordance with the NICE Classification, goods and services are divided into 45 classes (Class 1-34 being Classes of Goods, and Class 35-45 being Classes of Services). The class headings of the Nice Classification give general information about the types of goods and services which belong to each class. A specification indicating the class heading does not amount to a claim for all the goods or services in that class. For the registration of your trade mark, you are required to state the exact class number and appropriate specification according to the Nice Classification.
You can also conduct a search via IPOS’ classification database.

2. When to register :

There is no time limit for registering your trade mark – you might have been using your logo in conjunction with the ™ symbol for some time (or even without the symbol). However, it should be noted that a suit for infringement of a registered trade mark is only possible if the trade mark is registered. Registration takes effect from the date you file your trade mark application.

In Singapore, there is a priority claim procedure in place for applicants who have filed an earlier claim for the same mark in another Paris Convention country or a World Trade Organisation member country (other than Singapore). The Singapore application must be filed within six months from the date of the first filing.

Before filing your application, we advise that you conduct a thorough search of existing trade marks in the records maintained by the Registry of Trade Marks. It is important to ensure that there is no prior trade mark that is similar or identical to the one you intend to use. Go to eTrademarks to access the Similar Mark Search.

3. The Application procedure :

The registration application process in Singapore is straightforward and you are permitted to file for several classes of goods and/or services within the same application. You may also designate Singapore through the Madrid Protocol (an international registration system of marks administered by the International Bureau of the World Intellectual Property Organization) to which Singapore is a member country.
In order to obtain an official filing date, you will need to provide the following details;
** A statement that you request a registration.
** Your name and address.
** A clear graphical representation of your mark. For marks comprising of a three-dimensional shape of the goods or packaging, line drawings should clearly show all dimensions of the mark.
** A list of goods and services that you are registering in relation to the mark (that are classified in accordance with the International Classification of Goods and Services).
** A declaration of your proposed use of the trade mark.

Your application can be submitted as follows:

1. Apply and pay the appropriate fee via the IPOS eTrademarks online facility here.
Apply Online :http://www.ipos.gov.sg/AboutIP/Types…rademarks.aspx
OR

2. Download your forms here and send or take your completed application to;
Application form Download : http://www.ipos.gov.sg/AboutIP/Types…msandfees.aspx

Registrar of Trade Marks, Registry of Trade Marks :
Intellectual Property Office of Singapore
51 Bras Basah Road
#04-01 Manulife Centre
Singapore 189554

Registry’s operating hours :
Monday to Friday: 8:30am to 5:30pm
Saturday, Sunday and Public Holiday: CLOSED

Cashier’s operating hours :
Monday to Friday: 8:30am to 5:00pm
Payment can be made by NETS, cashcard, GIRO, cheque (crossed), money order and bank draft (in Singapore dollars) made out to Intellectual Property Office of Singapore. For submission by mail, the application form must be completed and duly signed together with all the required documents and a cheque, money order, bank draft or request for GIRO payment.

Processing time :
You will be informed in writing if your application is in order for acceptance and publication, or if there are objections affecting your application

4. How your trade mark application is processed :

1. Submission of Trade Mark Application on Form TM4 :
The application Form TM4 (S$341/class of goods/services (via eTrademarks) or S$374/class of goods/services (manual filing) is filed. Please note that any fee paid is not refundable and this includes cases where the application does not proceed to registration.

2. Minimum filing requirements :
In general, the date of filing for Trade Marks application is the date in which all the following are met:
** A statement that you request a registration.
** Your name and address.
** A clear graphical representation of your mark. For marks comprising of a three-dimensional shape of the goods or packaging, line drawings should clearly show all dimensions of the mark.
** A list of goods and services that you are registering in relation to the mark (that are classified in accordance with the International Classification of Goods and Services).
** A declaration of your proposed use of the trade mark.

3a. Minimum filing requirements met :
Once the minimum filing requirements are met, the date of filing is accorded and a Trade Mark number is issued. This information is sent to you via the Acknowledgment letter. You may also find your Mark Detailed Information via Online Trademarks Enquiry.

3b. Minimum filing requirements not met :
If one or more of the minimum filing requirements are not met, a Deficiency Letter will be sent for the applicant to remedy within 2 months from date of Letter. This timeline is not extendible.

4. IPOS issues Notification that Application is Deemed Never to Have Been Made :
In the event that the applicant does not remedy the deficiencies or remedies the deficiencies out of time, IPOS will send a Letter notifying the applicant that the application is Deemed Never to Have Been Made.

5. Examination : IPOS will examine if the mark is registrable in accordance to the Trade Marks Act. Other costs may be required at this stage. For instance, to effect amendment(s) to the application as directed by the examiner, Form TM 27A at S$40/ class (via eTrademarks)/ S$44/class (manual filing), or TM 27B at S$40/ Trade Mark number (via eTrademarks)/ S$44/ Trade Mark number (manual filing) may be required.

6a. Trade Mark published in eJournal :
If the application is in order, the application will be published and made available to the public through eJournal. Within 2 months of the publication period, any interested party may oppose the registration of the mark.

6b. IPOS sends Office Action :
If the requirements are not satisfied, the examiner will issue a letter (Office action) stating the refusals/requirements. You will have to respond within 4 months from the date of issuance of the Office action. The response can be through a letter clarifying the matter or through Form TM27A (at S$40/ class (via eTrademarks)/ S$44/class (manual filing), or Form TM 27B (at S$40/ Trade Mark number (via eTrademarks)/ S$44/ Trade Mark number (manual filing)) to amend the necessary fields. If you require more time to respond to the Office action, Form TM49 (no charge) has to be lodged to request for an extension of time before the expiry of the time period stated in the Registrar’s letter. If no response or request for an extension of time is received within the stipulated time period, the Trade Mark will be Treated as Withdrawn.

7. IPOS issues Notification that Trade Mark is Treated as Withdrawn :
To reinstate the application that has been Treated as Withdrawn, you may lodge Form TM 40 (at S$130/ Trade Mark No.) within 6 months from the date of the notice. You are also expected to response to the objections that were raised through the office action previously issued by the examiner.

8. Registration Certificate issued :
i) If there is no opposition, or if outcome of the opposition hearing is in favour of you, a Certificate of Registration would be issued and the Trade Mark would be granted protection for 10 years.
ii) By the 10th year, you can renew your Trade Marks through Form TM19 (at S$250 per class of goods/services (via eTrademarks) or S$270(manual filing) per class of goods/ services).
iii) Within 6 months after expiry, you can renew through Form TM24 (at S$370 per class of goods/ services) by manual filing.
iv) Within 12 months after expiry, you can renew through Form TM19 (at S$250 per class of goods/services (via eTrademarks) or S$270 per class of goods/services (manual filing)) AND Form TM21 at S$150 per class of goods/ services by manual filing.

9. IPOS issues Notification that Trade Mark application is Refused :
If outcome of the opposition hearing is not in favour of you, your application will be refused.