Step-by-Step Guide to Trademark Processing
Protect your brand from being taken advantage by competitors through a trademark registration in Singapore. Although the trademark application can be a tedious process for most businesses, both large corporations and small-scale entrepreneurs will be protected by both the intellectual property and civil rights laws in the territories where the brand name is filed.
Here is an overview of the three different types of applications to create a TM.
Local Application
If an owner wishes to apply for protection in the country of origin of the product and/or service, they must make sure to consider the following details: a graphical representation of the mark, complete name of the applicant, current address of the applicant, a complete list of the products and/or services that the owner wants to be protected in the brand name registry, and a declaration of the intent to use the trademark for at least 5 years or more. Included in the local application is the classification of the goods and/or services and the fees per class. The cost of filing a trademark will depend on the number and type of products and/or services and additional documents required.
IPOS will review these requirements before the process can proceed to the examination of the trademark. This determines whether the mark can be registered. A trade mark search takes place to make sure it does not infringe on any existing marks in the registry. An amendment fee and additional forms are required to record business name on IPOS now, but there may also be bureau charges depending on the type of application you do here in Singapore. If your trademark application passes the examination, it is then published in the Trade Marks Journal for public inspection. If there are no objections within the next 2 months of the exhibit, the owner will receive the registration certificate from IPOS which is valid for 10 years. The renewal process is almost similar but is much easier than filing for the first time.
International Application
If the trademark owner wants to register trademark outside the country, they must first file for a local application before they can submit another application. Once they receive the registration certificate, the registered mark might quality for an application via Madrid Protocol. IPOS will send the application to WIPO along with the documents, administrative fee, and other relevant information. These include details about the mark, number of the classes of products and/or services, and the information about the designated or contracting party.
WIPO’s International Bureau will then examine the application and the submitted requirements before they can decide if it can be published in the WIPO Gazette, which is similar to the Trade Marks Journal. If there are no objections, WIPO will forward the application to the countries designated by the owner. The equivalent bureau or office of IPOS in the countries designated by the owner will then perform the same examinations before the trademark can be granted the same intellectual property protection.
Designating a Territory
If there are foreign companies outside the country that want to consider trademark registration in Singapore, they will undergo the same process described above for international application. WIPO will facilitate the processing and preliminary examination of the trade name listing, then they will forward the application to IPOS. The trademark will then undergo the same local application process before it is given a registration certificate.
