What is a Trade Mark?

A Trade Mark is a sign used by any person in the course of business or trade to distinguish his goods or services from those of other traders.

A Registered Trade Mark is the right given by the Government to the owner of the sign to enable him to control the use of the sign.

Once registered, a trade mark can last indefinitely, subject to renewal every 10 years. Like any other property, the owner has the right to let others use it, or sell it for a fee.

What Can Be Registered?

A trade mark can be letters, words, names, signatures, numerals, devices, brands, shapes, colours, aspects of packaging or any combination of these. So long as the mark is distinctive and capable of distinguishing the goods and/or services of the owner from other similar goods and/or services; it can be registered.

What Cannot Be Registered?

In general, marks that are descriptive, common to the trade, deceptive, contrary to public policy or morality, cannot be registered under the trade mark law in Singapore. Also, a mark that is identical to an earlier mark on identical goods/services; or an identical mark on similar goods/services or similar mark on identical/similar goods/services which could cause confusion with the earlier mark; may not be registered.

How to Seek Trade Mark Protection?

Protection can be sought by filing for an application to register the mark. The applicant would need to provide a description of the mark, the aspects of protection for the mark and enclose a representation of the mark. The application process usually takes about 6 to 12 months.

Classification of Goods and Services

The scope of a trade mark registration is determined by the goods or services in relation to which the trade mark is registered. Singapore uses the Nice Classification to classify goods and services for which the trade mark will be used. There are a total of 34 classes of goods and 11 classes of services.

A copy of the Nice Classification is available for reference at the IPOS counter. You can also refer to the headings of the classes of goods and services at the IPOS website www.ipos.gov.sg (About IP>Trade Marks>Classification of Goods and Services).

Registering a Trade Mark outside Singapore

Trade mark protection is territorial in nature. To seek trade mark protection in other countries, the mark can either be registered individually in those countries or via the Madrid Protocol.

Madrid Protocol

The Protocol provides for a system of international registration of marks. The Madrid Protocol allows a trade mark owner to seek protection for his trade mark in several countries simultaneously by filing one application with a single office, in one language, with one set of fees in one currency. An international application may be filed with IPOS as Singapore is a contracting party under the Madrid Protocol.

Identifying a Trade Mark

® and ™ are the two common symbols associated with trade marks. ® indicates that the mark is a registered trade mark in Singapore. ™ is used to indicate that the mark is used by the company as a trade mark.

Is it Necessary to Register a Trade Mark?

It is not compulsory to register a trade mark in Singapore. For a mark that is not registered, the owner can rely on his rights under common law and protect his mark against imitation. This remedy, however, requires the owner of the mark to prove there is goodwill in his business for the good/services on which the mark is used. A registered trade mark, on the other hand, grants the owner of the trade mark statutory rights. Hence, in the event of a possible infringement, the registered trade mark owner can rely on his registration as proof of his rights to the mark without need to prove goodwill.