Application Process in Singapore
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The design registration system in Singapore operates on a first-to-file basis. In other words, the first person to file for application will, in general, have priority over others.
Singapore, like many countries, allows priority claims in the application for design registration. If an applicant has a corresponding design application filed earlier in a Paris Convention country or a World Trade Organization member country (other than Singapore), he may claim priority from this first-filed application, provided the Singapore registration is filed within six months from the date of the first filing. Similarly, an application which is first filed in Singapore can be used to claim priority in a corresponding application filed in a Paris Convention country or a World Trade Organization member country, provided that the corresponding application is filed within six months from the date of the first-filed Singapore application.
>> A corresponding application is a separate application filed outside Singapore for the same design in respect of the same article.
The applicant may file the application form and pay the prescribed fee electronically by submitting the application form via eDesigns or directly to the Intellectual Property Office of Singapore. The applicant needs to furnish the following in order for a design to be accepted for further examination:
- A Statement of Novelty: a statement describing the features of a design that the applicant considers as new, and which he wishes to claim rights to. If the design contains generic elements such as numerals or letters, the applicant is encouraged to disclaim these in his statement of novelty.
>> Disclaimers are used to exclude words, numerals or other features that are incorporated into the representation of the design. If a major part of an article to which your design applies contains words, letters, trade marks and/or numerals, the statement of novelty should also include the following: "No claim is made to any right to the exclusive use of the word*, letters*, trade mark* or numerals* appearing in the design." (*as appropriate)
- Representations of the Design: designs can be two-dimensional or three-dimensional and each design should be shown graphically in representations. These may be line drawings, or photographs (or both). The representations must be of the prescribed size and should be of a quality suitable for reproduction. Please refer to the "Guidelines for Submitting Representations".
- Representation Applied to Each Article in a Set (if any): for designs intended to be applied to a set of articles, the representation should show the design as applied to each article in the set.
>> A set of articles refers to two or more objects that are ordinarily sold together or are intended to be used together. The articles must share the same design or the same design with modifications or variations which are not sufficient to alter the character or substantially affect the identity of the design. Examples of 'sets of articles' are sets of cutlery, or tea sets.
If the applicant wishes to claim priority, the declaration of priority has to be made at the point of filing the application.
An address for service in Singapore must be provided in all applications. This is the address to which all correspondences from the Registry of Designs will be sent. Where there is a change in the address for service, the applicant must notify the Registry of Designs by filing the relevant form with the prescribed fee.
Generally it takes about two to three months from the date of filing the application to the successful registration of a design. However, the registration process may take longer if the application has deficiencies that must be corrected or if documents that must accompany the application have not been submitted within the time specified by the Registrar.
All forms are available at the Registry of Designs and are downloadable here
The application may be sent to the Registry of Designs by hand, mailed to the address below or electronically filed using eDesigns.
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Address :
Registrar of Designs, Registry of Designs
Intellectual Property Office of Singapore
51 Bras Basah Road,#04-01 Plaza By The Park,Singapore 189554
Registry's operating hours :
Monday to Friday: 8:30am to 5:30pm
Cashier's operating hours :
Monday to Friday: 8:30am to 5:00pm
Payment can be made by NETS, cashcard, GIRO, cheque (crossed), money order and bank draft (in Singapore dollars) made out to Intellectual Property Office of Singapore. For submission by mail, the application form must be completed and duly signed together with all the required documents and a cheque/money order/bank draft/request for GIRO payment.
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Fax : (65) 6339 1369
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Once a completed application is filed together with the prescribed fee, it will be assigned a design number and a date of filing.
After the applicant has filed all the necessary documents, the Registry of Designs examines the documents to ensure that the formalities have been met. This entails an examination of all information provided in the form. For instance, the examiners would check that the representations of the designs are of the prescribed size and quality, the classification is accurate and the statement of novelty is provided.
The Registry of Designs will not conduct searches to ensure that the design is new. Only a formalities examination is conducted.
If there are any amendments or deficiencies spotted in the formalities examination, the examiners will notify the applicant and the applicant would have to correct this non-compliance within a given period. If the corrections are not made to the Registrar within the stipulated deadline, the application will be deemed to have been withdrawn.
If the applicant does not agree with the objections raised, he should reply to the Registrar in writing with his reasons. If the Registrar accepts his submissions, the application will proceed to registration. Otherwise, it would be refused.
Once an application is in order, a registration certificate will be issued and the application will be published in the Designs Journal. Once published, the published designs are made available for public inspection.
The Registrar will permit amendments to the application provided that the proposed amendment does not substantially alter the overall appearance of the design or widen the scope of the rights.
An applicant may withdraw his application before the preparation of the publication has been completed.
The registration of a design is valid for an initial period of five years from the date of filing the application. Thereafter, the registration may be renewed every five years up to a maximum of 15 years, subject to the payment of renewal fees.
At any time after the design has been registered, any interested person may apply to the Registrar or the Court for revocation proceedings of a registered design on the grounds that:
- the design was not new at the time of registration;
- the design was a corresponding design in relation to an artistic work in which copyright subsisted at the time it was registered, but the period of registration of the design had expired when the copyright in that work expired; or
- any other ground on which the Registrar could have refused to register the design.
Any aggrieved party may apply to the Court for the Register to be rectified. |
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