Trade Mark Registration in Singapore: Benefits, Process and Costs
Registering a Trade Mark is one of the most effective ways to protect your brand in Singapore. Under the Trade Marks Act (1998), the owner of a registered Trade Mark has the exclusive right to use the mark in respect of the goods and services for which it is registered, and may take legal action against unauthorised use in Singapore.
Without a Trade Mark registration, another party may register a similar Trade Mark in Singapore. This may restrict or even prevent you from using and registering your own brand in Singapore.
This guide explains the benefits of obtaining a Trade Mark registration in Singapore, as well as the application process, classification system, costs and timeline.
Key Takeaways: Trade Mark Registration in Singapore
- Exclusive brand protection
A registered Trade Mark in Singapore gives you the exclusive legal right to use and commercialise your brand or logo in Singapore, for the goods and services for which it is registered. - Prevents competitors from copying your brand
A registered Trade Mark prevents others from registering a similar brand or logo for similar goods and services - Trade Marks are valuable intangible assets for your business
A registered Trade Mark can be licensed, assigned, sold, used as collateral for financing arrangements or be factored in a company’s valuation during merger or acquisitions. - Your Trade Mark must be distinctive
A Trade Mark must be capable of distinguishing your goods or services from, and must not be similar to, those of other businesses. Marks that are descriptive or generic are not registrable. - Correct classification is critical
The goods and services specified in your Trade Mark application determines the scope of protection for your Trade Mark and the costs involved. - Registration typically takes 7 to 9 months
However, upon payment of an additional fee to the Intellectual Property Office of Singapore (IPOS), the Trade Mark application process may be accelerated to within 3 to 4 months.
Requirements for Trade Mark Registration in Singapore
The most important consideration in applying for a Trade Mark in Singapore is that your Trade Mark must not be similar to an existing registered Trade Mark for identical or similar goods or services.
Before applying with IPOS, it is advisable to conduct a similar Trade Mark search to identify potential conflicting earlier marks.
Your Trade Mark must also meet the following key criteria.
The Trade Mark Must Be Distinctive
Your Trade Mark must distinguish your goods or services from those of other businesses. For example: “Apple” for mobile phones or invented words such as “Google”. Invented or unique words generally form the strongest Trade Marks because they are easier to distinguish.
The Trade Mark Must Not Be Purely Descriptive
A Trade Mark cannot consist entirely of descriptive words or logos relating to the goods or services.
For example:
• “Sweet” for candy
• “Fast Delivery” for courier services
Descriptive or commonly used terms are usually rejected by IPOS because they should remain available for general use by other businesses.
Why Should You Register a Trade Mark in Singapore?
A Trade Mark registration in Singapore grants you exclusive legal rights to use and commercialise your brand or logo in Singapore indefinitely, provided it is renewed every 10 years.
Registering your Trade Mark also prevents competitors from using or registering a similar brand or logo for related goods or services.
A registered Trade Mark also serves as a primary defence against Trade Mark infringement claims in Singapore.
In addition, Trade Marks are valuable business assets. A Trade Mark registration can be:
- Licensed to other businesses
- Used to raise capital or attract investors
- Included in business valuation during mergers or acquisitions
- Used as collateral for financing
As such, a Trade Mark forms part of your company’s intangible intellectual property assets.
Trade Mark Classifications and Specifications
The scope of protection of your Trade Mark depends on the goods and services classes included in your Trade Mark application.
Singapore follows the Nice Classification system, which divides Trade Marks into:
- 34 classes of goods
- 11 classes of services
Examples of Goods Classes
- Cosmetics in Class 3
- Jewellery in Class 14
- Clothing and footwear in Class 25
- Food products in Classes 29 and 30
- Beer in Class 32
- Alcoholic beverages in Class 33
Examples of Services Classes
- Online retail services in Class 35
- Telecommunication services in Class 38
- Accommodation and food and beverage services in Class 43
Selecting the correct classes and specifications is essential because it determines:
- The scope of your Trade Mark protection
- Whether the Trade Mark is registrable
- The cost of the application
Do You Need a Lawyer to File a Trade Mark in Singapore?
As you are required to state the exact class number(s) and all the goods and/or services in your Trade Mark application (which cannot be broadened once filed), and this decision affects not only the scope of your Trade Mark protection as well as its registrability, but also the cost of your Trade Mark application, it is advisable to seek legal advice on the appropriate classification and specification of goods and services, and to conduct pre-filing searches to ensure that your Trade Mark meets the registrability criteria in Singapore.
How Long Does Trade Mark Registration Take in Singapore?
For a straightforward Trade Mark application, the entire process from filing to registration typically takes 7 to 9 months.
The Intellectual Property Office of Singapore (IPOS) also offers a Trade Marks Acceleration programme, which can reduce the registration timeline to as fast as 3 months, provided:
- There are no objections from IPOS
- There are no oppositions from third parties
Additional fees of S$200 to S$250 per class apply for accelerated processing.
How Much Does Trade Mark Registration Cost in Singapore?
Aside from legal fees, the Intellectual Property Office of Singapore charges the following official filing fees:
- S$280 per class where the specification is fully adopted from the IPOS Classification Database
- S$410 per class where the specification is not fully adopted from the IPOS Classification Database
Learn More About Trade Mark Registration in Singapore
For more information about Trade Mark registrability requirements in Singapore, visit the Intellectual Property Office of Singapore website:
https://www.ipos.gov.sg/about-ip/trade-marks/how-to-register/
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