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| Simple Steps To Register A Trademark In Singapore |
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| Written by Simon Rogove |
| Thursday, 24 July 2008 18:38 |
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The Intellectual Property Office of Singapore (IPOS), being a statutory board under the Ministry of Law, is in charge of trademark registration in Singapore. Any applicant may either deal directly with the Registrar or hire a lawyer or any trademark agent as a go-between acting on his or her behalf. For a trademark to be registered in Singapore, it should be possible to represent it as a graphic. Such a sign could take the form of a letter, a word, a name, a signature, a numeral, a device, a brand, a heading, a label, a ticket, a shape, a colour, an element of packaging, or any combination of these. Singapore trademark law does not require evidence of use to be filed as part of the application process before the trademark registration is granted. This is in contrast to practices in other countries like the United States. Prospective applicants for trademark registration are advised to consult the records of the Singapore Registry of Trademarks and Patents before filing their own applications. Whether conducted at the IPOS office or online at the eTradeMarks section of the Web site, this search allows prospective applicants to be certain that there exist no prior trademarks represented by a symbol identical or similar to what they intend to use. This is an especially crucial consideration if a similar previously-registered trademark is found in same area of business as the applicant. If his search for identical or similar trademarks proves negative, the applicant may then submit his completed application for trademark registration to the Singapore Registry of Trade Marks. He may file it personally, by registered post, or file it only through IPOS's eTradeMarks system. For manual filing, the filing fee for a trade mark under each class is S$340 and for online filing, S$310. Once the IPOS has received the trademark application, the office will conduct an administrative review to verify that the application is complete and compliant with the provisions of the Trademarks Act, as well as all necessary fees having been already paid. When these conditions are met, a trademark application number will be provided, along with the date for filing. In case there are grounds for objection, the Registry will inform the applicant of the corrections that need to be done within a specified timeframe. Failure to comply with these requirements in the allotted time will result in the application being classified as withdrawn. A formal search for conflicting marks, geographical names and conformance to the international classification of goods and services will be conducted by the Registry Office. For pharmaceutical products, the Registry of Trade Marks will also check whether the marks consists of a protected International Non-Proprietary Name (INN), which are generic names for specific pharmaceutical substances furnished by the World Health Organization. After completion of the trademark conflict discovery process, the examiner will check if the mark is registrable in accordance with Singapore Trademark Laws and that it does not fall into areas not allowed by law like a mark that is devoid of any distinctive character. The applicant will again be notified for any objections and the time granted to resolve such objections. If the trademark is shown to be in compliance with Singapore law, the applicant will be informed that the application for registration has been accepted. This acceptance will be published in the Singapore Trademarks Journal to allow any parties wishing to oppose the registration process two months to file their claim. Examples of valid grounds for opposition of a trademark application include the situation where the application is similar to a registered or a pending trademark, and other similar cases. If no objections were made against the application in the allotted two months, or if all objections that are raised end up resolved in the applicant's favor, the trademark will finally be declared as registered. The applicant will be given a registration certificate attesting to the successful process of registering a trademark in Singapore. About the Author: Visit GuideMeSingapore for up-to-date news about Singapore trade mark act and Singapore trade mark registration guidelines. Kindly provided by MoneyHunter.org You are welcome to use this article on your own website, if you include the link just before this text. |
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