Protecting business names and logos is one of the most important steps any business must take. Yet many business leaders do not give due attention to this crucial step of establishing their brands.
What is a trademark?
Descriptive words and generic phrases do not often qualify as trademarks. Only signs or symbols that are capable of distinguishing your marked goods/services from others may qualify. These include
- logos
- tag lines or slogan
- business names or even individual names
- aspects of packaging
Trademark registration grants businesses monopoly over registered goods/services. As the owner of a registered trademark, you can prevent confusion in the marketplace, claim injunctions and damages against infringements, and defend your business against allegations of infringement.
How do I register a trademark for my business?
The Intellectual Property Office of Singapore (IPOS) is the government agency responsible for administering the trademark registration system in Singapore. Under this system, an application to register a trademark entails several steps:
Clearance Search
Your application may be denied if your trademark is identical or confusingly similar to an earlier trademark. To ensure that your trademark is available for registration in a particular country, you should conduct a search before filing your application.
Although official trademark registers are open for searching, analysing the data is not a straightforward task. It is recommended that an professional trademark agent be engaged to perform and analyse the search for you. Professional searches can uncover not just identical but also similar trademarks that may threaten the success of your trademark application and the risk of using your trademark in the market. In addition, a professional search report will often provide valuable insight into whether a trademark may meet other registrability requirements.
Application Filing and Registration
If your trademark has been cleared by a search, you can have the confidence to submit a trademark application. You will need
- an electronic copy of your mark
- details of the trademark owner
- international classification
- descriptions of goods and/or services you are claiming
After the application is submitted, it will be reviewed by a government official. Any queries or objections raised by the government official must be answered in a timely manner. Some of these queries/objections can involve complex and technical issues that are best left to a professional.
Once all queries/objections are resolved, your application will be published in a government journal. Anyone can formally oppose your application within a window of time (often 2 to 3 months depending on the country). If no one opposes, you will be issued a Certificate of Registration for your trademark.
The straightforward trademark application in Singapore takes around 6 – 8 months to achieve registration. Should queries/objections/opposition occur, this could drag for many more months, and sometimes a few years. This will usually cause anxiety and uncertainty about the future of the trademark while investment pressure mounts (A&P activities, trade mark registration costs). A well-prepared application greatly minimizes such risks and improves your chance of success.
Maintenance of Your Trademark Registration
A trademark registration in Singapore is renewable every ten years. In order to keep your registration relevant, make sure that
- the registered version of your trademark correspond to the version in use
- changes to trademark owner details (eg, address, business name) are updated and reflected on the official trademark register
- your brand is regularly monitored and policed, stopping the use of unauthorised or confusingly similar marks in the market
- renewal fees are paid in a timely manner