The Intellectual Property Office of Singapore (IPOS), being a statutory board under the Ministry of Law, is in charge of trademark registration in Singapore. Any applicant may either deal directly with the Registrar or hire a lawyer or any trademark agent as a go-between acting on his or her behalf.
For a trademark to be registered in Singapore, it should be possible to represent it as a graphic. Such a sign could take the form of a letter, a word, a name, a signature, a numeral, a device, a brand, a heading, a label, a ticket, a shape, a colour, an element of packaging, or any combination of these. Singapore trademark law does not require evidence of use to be filed as part of the application process before the trademark registration is granted. This is in contrast to practices in other countries like the United States.
Prospective applicants for trademark registration are advised to consult the records of the Singapore Registry of Trademarks and Patents before filing their own applications. Whether conducted at the IPOS office or online at the eTradeMarks section of the Web site, this search allows prospective applicants to be certain that there exist no prior trademarks represented by a symbol identical or similar to what they intend to use. This is an especially crucial consideration if a similar previously-registered trademark is found in same area of business as the applicant.
Upon verifying that no prior trademarks exist that may conflict with the one being applied for, the applicant may already submit the completed trademark registration application to the Singapore Registry of Trademarks and Patents. Options for doing so include by hand, by registered post, or by filing online through the eTrademarks system. Filing fees for registering trademarks under each class is S$340 for manual processing and S$310 for online processing.
The IPOS will then conduct an administrative review of the trademark application to ensure that it is complete, that it complies with the provisions of the Trade Marks Act, and that the necessary fees have been paid. Afterwards it will issue a trademark application number and date of filing to the applicant.
The applicant will be notified by the Registry if there is any ground for objection, including the corrections required and the specified period of time granted given him to overcome the objection. The application is considered withdrawn if the applicant fails to respond to the notice within the period granted.
A formal search for conflicting marks, geographical names and conformance to the international classification of goods and services will be conducted by the Registry Office. For pharmaceutical products, the Registry of Trade Marks will also check whether the marks consists of a protected International Non-Proprietary Name (INN), which are generic names for specific pharmaceutical substances furnished by the World Health Organization.
After completion of the trademark conflict discovery process, the examiner will check if the mark is registrable in accordance with Singapore Trademark Laws and that it does not fall into areas not allowed by law like a mark that is devoid of any distinctive character. The applicant will again be notified for any objections and the time granted to resolve such objections.
Once it is verified that the trademark complies with Singapore Trademark Laws, the applicant will be notified of the acceptance of the application for registration which will be published in the Trade Marks Journal for public information. This will also allow any interested party to oppose the registration within two months for various grounds including issues such as the application is similar to a pending mark.
If no objections were made against the application in the allotted two months, or if all objections that are raised end up resolved in the applicant's favor, the trademark will finally be declared as registered. The applicant will be given a registration certificate attesting to the successful process of registering a trademark in Singapore.
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