The Step-By-Step Guide to Registering a Trademark with the Trademark Registry Singapore
Imagine spending years building your business, only to see someone else using your brand name on their products. Feels unfair, right? Well, this is where trademarks come in. They are the official legal protection offered for your brand in Singapore and beyond.
In this guide, we’ll discuss everything you need to know about registering a trademark with the Trademark Registry Singapore, from the basics to the fine print.
What Is a Trademark?
A trademark is any sign that can distinguish your goods or services from those of others. It may include words, logos, slogans, shapes, colours, or even sounds. With a registered trademark, you gain exclusive rights to use your mark for the specific product or service selected in your application.
Some examples of globally recognised trademarks include the Nike “swoosh” or McDonald’s golden arches. Trademarks serve both for branding and enforcement against infringers. In some cases, a trademark can also be considered intangible property; for example, the company Toys “R” Us recently sold its trademark to another firm for a substantial, undisclosed price.
Trademark vs Other Intellectual Property Protection—Which to Choose?
It’s easy to confuse trademarks with other forms of intellectual property (IP). Many can even register another type of IP, even if they need a trademark, and vice versa. Thus, before anything else, you must ensure that you actually need a trademark.
Summary Table: Types of Intellectual Property Protection in Singapore
| Type of IP Protection | Example (Singapore Context) | Purpose / Use | Duration of Protection |
|---|---|---|---|
| Trademark | Singapore Airlines logo | To protect brand identity, business distinction | 10 years (renewable indefinitely) |
| Patent | Hyflux NEWater filtration technology | To protect invention, exclusive commercial rights | Up to 20 years (subject to annual renewal fees) |
| Copyright | Book by Alfian Sa’at | To claim legal rights to literary, artistic, or creative work | Creator’s life + 70 years |
| Registered Design | OSIM massage chair design | To protect the visual design or aesthetic aspects | Up to 15 years (renewable every 5 years) |
| Trade Secret / Confidential Info | Raffles Hotel’s Singapore Sling recipe | Protect proprietary processes, formulas, or business know-how | Indefinite (as long as secrecy is maintained) |
Patents
Patents are a form of intellectual property protection for inventions and innovations. They safeguard products or processes that provide new ways of doing something. Patents are considered to be the most complex to obtain, as they require novelty, inventiveness, and industrial applicability.
Once granted, a patent lasts up to 20 years from the filing date in Singapore. However, you need to ensure that the annual renewal fees are paid. Some examples of companies that might go for patents include tech companies, pharmaceutical firms, or any business with unique inventions.
Copyright
A copyright is an automatic protection of original creative works such as literature, music, films, software, and artistic works. Unlike trademarks, no registration is required in Singapore. Similarly, a copyright arises the moment a work is created. It typically lasts for 70 years after the creator’s death.
Remember, a copyright does not cover brand identifiers like names or logos.
Design Rights
Registered designs protect the aesthetic features of a product. This could be a shape, pattern, engineering, or configuration. In Singapore, design rights last up to 15 years. For industries such as fashion, furniture, and consumer electronics, design registration helps preserve competitive advantage.
In short, if you’ve invented a product, a patent is your best bet. If you’re protecting artistic expression, copyright works. However, if your goal is to ensure that customers associate your goods or services with your brand, you should consider registering a trademark.
Step-by-Step Process of Registering a Trademark in Singapore
The Intellectual Property Office of Singapore (IPOS) manages trademark registration. Here’s a structured process to guide you from preparation to registration:
Check Eligibility
Ensure your proposed mark is distinctive, graphically representable, and not merely descriptive. Generic or identical marks to existing ones are usually rejected.
Conduct a Search
Check for existing trademarks that may conflict with yours. Conducting a search reduces the risk of objections or oppositions during the application process.
Select the Correct Class
Singapore follows the Nice Classification system with 45 classes. Choose the appropriate class for your goods or services. Fees: S$280 per class (pre-approved) or S$410 (non-pre-approved). Fast-track fees apply for accelerated examination.
File Your Application
Submit your application via Form TM4 on the IPOS Digital Hub. Include mark details, graphical representation, chosen classes, and a declaration of use or intent to use.
Examination
IPOS examines your application for compliance. If issues arise, you’ll receive an examination report and have four months to respond.
Publication and Opposition
If approved, your mark is published in the Trademarks Journal. Third parties have two months to oppose if they believe there’s a conflict.
Registration and Renewal
If unopposed, your mark is officially registered, and you receive a certificate. Protection lasts 10 years and can be renewed indefinitely in 10-year increments.
Fast-Track Option: The SG Trade Marks Fast scheme allows accelerated examination for an additional fee, reducing approval time from months to potentially weeks.
Do You Need to Hire Trademark Agents to Register With the Trademark Registry Singapore?
Technically, you can file a trademark on your own. But in practice, many businesses engage trademark agents or IP lawyers. Agents can:
- Conduct comprehensive clearance searches.
- Help classify goods/services correctly.
- Draft responses to examination reports or oppositions.
- Provide strategic advice if you plan to expand internationally.
While this adds cost, it reduces the risk of costly mistakes. Remember, IPOS processes applications but cannot provide legal advice.
Some Essential Things to Know About Trademarks in Singapore
- Registering your business name with ACRA or owning a domain doesn’t automatically grant trademark rights. Only IPOS registration does.
- The ® symbol can only be used once your mark is registered. The ™ symbol signals intent, not protection.
- If you don’t use your trademark for five years, it may be revoked for non-use.
- Trademarks are territorial. A Singapore registration doesn’t protect you overseas. Consider the Madrid Protocol for international coverage.
- Trademarks can be licensed, sold, or even used as collateral. They’re valuable business assets, and infringing upon someone else’s trademark is a serious offence.
- Singapore ranks among the top countries globally for trademark filings relative to population, showing its role as a hub for international IP strategy.
Frequently Asked Questions (FAQs) on Trademark Registration in Singapore
Looking for Help?
You can contact Singaporebrand if you need any help with the information published in this article. On the other hand, you can also go through our list of the best trademark registration services in Singapore.
