Before you apply
Please note the following:
The Madrid Protocol, administered by the International Bureau of the World Intellectual Property Organization (WIPO) in Switzerland, allows a trade mark owner to seek protection of the trade mark in several countries simultaneously by filing one application with a single office, in one language and by paying one fee (in Swiss Francs).
How to file an international application in Singapore
You must be a resident or national of Singapore (or have a real and effective industrial or commercial establishment in Singapore) if you wish to utilise the Madrid Protocol system to acquire a registered trade mark across a number of countries.
As a first step, you will need to apply or register your mark in Singapore, a contracting country under the Madrid Protocol. The goods or services in your international application must be covered by your Singapore mark. You can then use your Singapore mark as a base for an international application. The countries in which you are seeking registration must be Madrid Protocol member countries.
Here is the process for an International Application under the Madrid Protocol: (Please mouseover for more information)
1. Applicant files IA and designates countries
An Application for International Registration governed exclusively by the Madrid Protocol – Form MM2(E) – submitted to the Registry of Trade Marks at IPOS.
Fees associated with filing of an international application.
1. To file an international application, the applicant has to pay fees to IPOS and WIPO.
2. IPOS charges an admin fee of S$250 for handling an international application
3. WIPO charges (in Swiss francs) based on:-
a. Whether the mark is produced in black and white or colours;
b. The Contracting Parties designated; and
c. The number of classes of goods and services.
To calculate the fee payable to the World Intellectual Property Organization, please use the electronic calculator provided by them at here.
The payment to the World Intellectual Property Organization can be made through a debit from a current account maintained with WIPO or a bank transfer of the amount required to the WIPO bank account. The details of the WIPO bank accounts are obtainable from the application form MM2(E).
A guide "Completing the International Application Form MM2(E)" is provided at here. Please refer to item 38.
2. IPOS conducts formalities examination
If IPOS finds an irregularity in the application, a letter will be issued to the applicant to remedy the irregularity. As there is a two-month time limit, from the filing date of the application with IPOS, within which the application must be received by the International Bureau (IB) of the World Intellectual Property Organization (WIPO), in order to preserve the filing date of the application with IPOS as the Date of the International Registration, the applicant should remedy the irregularities as soon as he can within the deadline, which is usually short due to the above reason, stated in the examiner's letter.
3. WIPO records and publishes IR
When the IB receives the international application, it checks if the international application conforms to the applicable requirements. If so, it registers the mark in the International Register and publishes it in the Gazette.
If the IB considers there is an irregularity in the application, it notifies the Office of Origin and the applicant. Usually, the IB imposes a deadline.
Depending on the nature of the irregularity, the applicant may be required to remedy the irregularity. Therefore, when the applicant receives such a notice, the applicant must take appropriate action immediately. Please contact the examiner handling the application for further information or to seek clarification.
4. WIPO notifies designated countries
If the international application conforms to the applicable requirements or if the irregularity is remedied, the IB registers the mark in the International Register and publishes it in the Gazette.
The IB will also notify the Offices of the designated countries of the international registration (IR).
5. Designated countries examine IR
The application goes through a similar process as a national application in the designated countries.
You can access comprehensive information and all the relevant forms for the international registration of a trade mark from www.wipo.int.
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