As an important form of intellectual property rights, trademarks are directly reflected in products or services in commercial activities, so more and more companies are beginning to pay attention to their own trademark protection. Singapore has a superior business environment and a good business image. More and more Chinese companies choose to register trademarks in Singapore.
In Singapore, applicants must apply through the Intellectual Property Office of Singapore (IPOS) to register a trademark and obtain legal protection. Generally speaking, the cycle for applying for a trademark in Singapore is generally 4 to 6 months, depending on the individual circumstances of the applicant. Of course, if the applicant is well prepared in advance and familiar with the process, time and energy can be effectively saved!
1. Who can apply?
Singapore does not have any requirements for the nationality of trademark applications. Whether local or foreigners, as long as the company's goods or services require it, they can apply. Moreover, the application is non-mandatory and is entirely based on the application. or personal wishes. However, it should be noted that applicants must provide a stable Singapore address for contact during the application cycle. It is worth mentioning that when applying for an Entrepreneurship Pass in Singapore, trademark registration is one of the application methods. Registering a trademark in advance can also prepare for applying for an Entrepreneurship Pass.
2. Categories and forms of trademark registration in Singapore
Singapore classifies trademark registration according to the International Nice Agreement, which includes 34 categories of goods and 11 categories of services.
Applicants can apply for a certain type of goods or several categories together based on the company's business content and the trademark/service categories they want to protect. For example, Company A's business covers business management and medical services, and it needs to register both Category 35 and Category 44. However, it should be noted that the trademark must be able to distinguish it from similar goods or services of other merchants. The following forms can be registered as trademarks: p>
Letters/words/name/signature/label/pattern/ticket/shape/color/and combinations of the above elements.
3. Application process
1. Information required for application
Although trademark application is not mandatory, once applied, it must be strictly in accordance with IPOS The relevant regulations come. In Singapore, trademark applications require the following information:
① Statement requesting trademark registration;
② Name and address of the person involved in the application;
③ Clear Illustration of the trademark. If the trademark is a three-dimensional drawing, the outline drawing should clearly show all dimensions;
④ List all goods and services related to the registered trademark;
⑤ A statement regarding the intended use of the mark.
2 Application methods and steps:
①Path:
According to the relevant instructions of IPOS, there are two ways to register a trademark in Singapore:
First, submit the application materials and pay the application fee through the eTrademarks online platform. :
The second is to fill in the relevant application forms, sort out relevant information, and send the complete forms to the Intellectual Property Office of Singapore:
② Steps:
Generally speaking , applying for a trademark in Singapore takes about 4 to 6 months, of course, this does not include the time you spend preparing relevant materials in the early stage. The specific application steps during this period are shown in the figure below:
4. Trademark application fees
Here we briefly list some of the main fees involved in the application process. In addition, , there are also fees for applying for trademark cancellation, statutory declaration and filing, application for change of name or address, application for restoration of rights, etc. The specific amount of fees required in the application is determined by various requests made by the applicant during the application period. 5. Subsequent management of registered trademarks
1. What is the validity period of a trademark? Can it be renewed?
If you successfully apply for a trademark, the trademark is valid for 10 years from the date of application. However, if the applicant uses the trademark correctly within the validity period and pays the necessary renewal fees, it is still uncertain whether the trademark can be renewed. Applicants may need to pay more attention to this point.
2. Trademark infringement
Trademarks successfully registered in IPOS are protected by law. If the applicant finds that his registered trademark has been used by others without his permission, he can apply for trademark infringement according to the law. law to exercise their rights to protect trademarks.
How to define infringement:
—The same trademark is used by others for the same goods or services without the permission of the trademark owner
—The same trademark Used by others in similar goods or services without the permission of the trademark owner
—A similar trademark is used by others in similar goods or services without the permission of the trademark owner, thus causing some distress to customers;
—The trademark used is similar to a well-known trademark registered, although the goods or services involved are different. (It may cause trouble or damage the interests of the trademark owner)
3. Trademark cancellation and trademark invalidation
According to the relevant instructions of IPOS, a successfully registered trademark may also be It may be later revoked or invalidated mainly in the following circumstances.
① Cancellation of a trademark:
—The owner of the trademark has not used the trademark within 5 years since the registration was completed;
—The use of the trademark has been suspended within five consecutive years. Suspension;
—Due to the actions or activities of the trademark owner, the trademark has become a common name within the scope of trade in goods and services for which it is registered;
—The use of the trademark misleads the public , especially related to the nature and source of the goods or services.
② Determined to be invalid:
—Violates the basic requirements for registered trademarks in the Trade Marks Act;
—The trademark conflicts with earlier trademarks;
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—The registered trademark was found to be deceptive;
—There were misrepresentations during the application process.
6. Frequently Asked Questions and Suggestions
1. What are the benefits of registering a trademark?
In fact, registering a trademark for goods or services obtains a statutory monopoly of use. A trademark can add value to a business as it can be used to protect your market share, while the trademark owner can also license the trademark to third parties such as franchisees; or it can be sold directly for a specified value. Additionally, you can use your trademark to help you offer shares to promote your business.
2. Suggestion: Search in advance to avoid infringement
In order to avoid infringement and save time and capital, business owners are best to submit a trademark before using an unregistered trademark (including logo) Search for existing or similar registered trademarks before applying to avoid trouble caused by possible infringement.