Legal Framework and Competent Authority

The legal basis of the Singapore trademark system is the Trade Marks Act, which stipulates the registration, protection, renewal, opposition, and other related aspects of trademarks. The latest version of the Trade Marks Act came into effect in 1999 and has undergone several amendments.
The competent authority is the Intellectual Property Office of Singapore (IPOS), responsible for handling trademark applications, examinations, registrations, renewals, oppositions, and cancellations. Additionally, IPOS provides trademark search services and manages the trademark database.

International Treaties Joined

Singapore is a contracting party to international intellectual property treaties such as the Nice Agreement and the Paris Convention. It is also a member of the Madrid Protocol, allowing trademark registration in Singapore to be processed through either "national registration" or "Madrid International Registration."

Principles of Trademark Protection

Singapore adopts a mixed principle of "first-to-file" and "first-to-use" for trademark protection. The Trade Marks Act in Singapore provides protection for both registered trademarks and unregistered trademarks that have been used.

Trademark Classes and Scope of Protection

Singapore follows the Nice Classification, dividing trademarks into 45 classes, with 34 classes for goods and 11 classes for services. Applicants need to submit applications based on the class of goods or services.
In Singapore, trademarks include word marks, graphic marks, their combinations, and non-traditional trademarks such as color marks, sound marks, scent marks, three-dimensional marks, motion marks, and combination marks.
Additionally, Singapore recognizes and protects special trademarks such as "collective marks" and "certification marks."

Required Information and Documents for Trademark Registration

To apply for trademark registration, the following documents must be submitted to IPOS:

• Application form: Including the applicant's name, address, nationality or company name, and registered address;
• Trademark representation: Clear design file of the trademark;
• Goods or services class: Selection of the appropriate class according to the Nice Classification;
• Priority claim: If the applicant claims priority under the Paris Convention, relevant supporting documents must be submitted;
• Proof of payment: Receipt of application fee payment.

Trademark Application Process and Timeline

The trademark registration process in Singapore is as follows:
Application — Acceptance — Examination — Publication — Approval — Issuance of Certificate

• Submission of application: The applicant submits the trademark application to IPOS;
• Formality examination: IPOS checks the completeness of the application documents;
• Substantive examination: Examination of whether the trademark meets the registration criteria, such as distinctiveness and non-conflict with existing trademarks;
• Publication period: The trademark that passes the examination will be published for 2 months, during which any third party can file an opposition;
• Registration approval: If there is no opposition or the opposition is not upheld, the trademark will be approved for registration and a trademark registration certificate will be issued.

The entire trademark registration process usually takes 6-12 months to complete, with the specific time possibly extended due to the complexity of the examination or opposition.

Trademark Protection Period and Renewal

The protection period for a registered trademark in Singapore is 10 years, and it can be renewed for successive periods of 10 years each time. Renewal applications can be submitted before the trademark expires, with a grace period of 6 months after expiration. If the trademark is not renewed within the grace period, it will temporarily lapse. If the trademark owner intends to maintain the trademark, they can apply for reinstatement within 6 months after the end of the grace period.

Non-Use Cancellation System

According to the Trademark Act in Singapore, if a registered trademark has not been actually used in Singapore for a continuous period of 5 years, any third party can apply to IPOS for the cancellation of the trademark registration.