MEMO ON TRADEMARK REGISTRATION IN SINGAPORE
I. REQUIREMENT DOCUMENTS
a. Name, address and nationality of applicant;
b. The country and filing date of the priority application and priority documents if the right of priority is claimed;
c. The trademark details and clear copy of the logo;
d. The designated class/goods thereof.
II. GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 10 to 16 months, assuming that no Office Action is needed.
III. VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
For the renewal of a trademark registration, an application for the renewal should be filed with KIPO. Once a renewal application has been duly filed, the trademark registration is deemed to have been renewed on the expiration date of the original registration.
IV. PROCEDURE
If you wish to register a trade mark in countries outside of Singapore, you may either make separate applications by filing directly with the IP offices of the respective countries or file a single international application via the Madrid Protocol.
A. Examination Process for an International Application
1. Formal Examination
IPOS will examine the international application to check that the requirements are complied with.
If all is in order, IPOS will certify the application and forward it to World Intellectual Property Organization (WIPO) within 2 months from the application filing date. This secures the filing date as the date of your international registration. IPOS will notify you when the application has been forwarded to WIPO.
If there are deficiencies in your application, you will be notified to remedy them within a stipulated deadline. If you fail to do so, IPOS may not be able to forward your application to WIPO within 2 months from your application filing date. Thus, you may fail to secure the filing date as the date of your international registration.
2. Formal Examination by the International Bureau
At this stage, your application will be further examined by the International Bureau (IB) of the World Intellectual Property Organization (WIPO).
If all is in order, your application will be recorded in the International Register and published in the WIPO Gazette. WIPO will issue a certificate of the international registration to the Applicant and notify the designated contracting parties (DCPs). The certificate issued by WIPO informs that the international application conforms to the applicable requirements under Article 3 of the Madrid Protocol, and is not a confirmation that the mark is registered in the DCPs.
If there are irregularities in your application, you will be notified by IB to address them within a stipulated deadline. If you fail to do so, your application will be deemed as abandoned.
3. Examination by the Designated Contracting Parties
At this stage, the designated contracting parties (DCPs) will conduct substantive examination of your international registration according to their domestic law, within 12 or 18 months from their receipt of your application from the International Bureau.
If your international registration conforms to the requirements of the DCP(s) and did not face any opposition in the DCP(s), your trade mark will be granted protection in the DCP(s).
Otherwise, you will receive a Provisional Refusal of Protection from the IP Office(s) of the DCP(s). The provisional refusal will state the grounds for refusal with a stipulated deadline for you to file a response or make amendments.
B. Process for an International Registration via Madrid Protocol
1. Examination
At this stage, IPOS will examine the application to check if the application fulfils the requirements for registration. If the mark is registrable, it will proceed to the publication stage.
If the registration requirements are not met, you will receive a Provisional Refusal of Protection stating the grounds for refusal. You are required to respond to the refusal within 4 months. The refused goods and/or services will be treated as withdrawn if you fail to respond within the stipulated deadline. Please note that you are required to provide an address for service in Singapore in order to file a response.
2. Publication
At this stage, your application will be published in the Trade Marks Journal for public inspection for 2 months. Any interested party may oppose to the registration of your mark during this period.
If there is no opposition, your application will proceed to registration.
C. Registration
The applicant(s) will receive a Statement of Grant of Protection from IPOS.
In case you require more information or require advice on trademark in Singapore, USA, China, ASEAN, CPTPP, EVFTA... as well as other IP matters, please do not hesitate to contact us via:
Email: info@lawfirmelite.com
Tel: (+84-24) 3 7373051
Fax: (+84-24) 3 7373056
