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Home > Frequently Asked Questions > General > Designs
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Designs
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- Can the Registry of Designs advise me if my design is registrable?
- How do I find out about designs that have been registered?
- How do I apply for design registration?
- How do I apply to register a textile design?
- How much will it cost to apply for a design registration?
- What do I need if I wish to claim priority from a previous overseas application?
- Must I submit a model or specimen of my design with my application?
- I am told that I must lodge my design application in the appropriate class and subclass of articles. How do I find out which class and subclass my design falls under?
- Would the Registry conduct any examination?
- If I have published my design before lodging the application for registration, how will it affect my application?
- Can I lodge an application for the registration of a design that has been used in another country?
- How do I seek help to clarify the matters raised in the Registry's report?
- What should I do if I cannot reply to the Registrar's objections within the stipulated time period given by the Registrar?
- When can I apply the words "Registered Design" on my articles?
- Can I make amendments to my application?
- How do I renew the registration of my design?
- What happens if the renewal fee is not paid on time?
- I wish to license/assign my registered design to a third party. What should I do?
- I have previously registered my design under a different corporate name. Can I apply to change the name as it appears in the Register?
- I registered my design when my business was a sole-proprietorship. It has recently been incorporated and is now a private limited company. Which form should I use to update the change in constitution type?
- Can I surrender my design after registration?
- Must I apply for a design in Singapore before seeking protection overseas?
- In which countries should I apply for design protection?
- If I need the Registrar's certification regarding my application in Singapore in order to obtain priority in filing a design application in another country, how do I go about obtaining it?
- What is the Hague Agreement Concerning the International Registration Of Industrial Designs?
- Who administers the Hague Agreement?
- Is Singapore a party to all the three Acts of the Hague Agreement?
- Where can I find information on which countries are Contracting Parties to the different Acts of the Hague Agreement?
- Who may use the Hague system of international registration?
- Can I choose to designate any countries under the Hague Agreement?
- I inadvertently left out one of the countries to be designated at the point of filing my international application. Can I amend my documents to insert the country?
- Where can I file an international application?
- Do I need a Singapore design registration before I can file an international application?
- What filing date will I be given when I file an international application?
- What are the fees to be paid for an international application?
- What are the currencies that I can pay in?
- If I file indirectly at IPOS, how should I make payment for my international application?
- How many designs can I make in one international application?
- What happens if an international registration designating Singapore does not conform to this principle of “unity of design”?
- Where will my international registration be published?
- Can I request that the publication of the international registration be deferred?
- What happens after publication of the international registration by the international Bureau?
- How will I know whether my international application is protected?
- How long will my international application last?
| 1 |
Can the Registry of Designs advise me if my design is registrable? |
If you have any difficulty ascertaining the registrability of your design or other legal requirements, you should consider seeking professional advice from an agent/lawyer. The Registry of Designs would not be able to provide legal advice to applicants on the registrability of your design.
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| 2 |
How do I find out about designs that have been registered? |
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You may use the Designs eSearch to search for registered and published designs in Singapore. Alternatively, registered designs are published monthly in the Designs eJournal.
You may also wish to check the designs database of other countries.
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| 3 |
How do I apply for design registration? |
You have to file Form D3 together with the prescribed fee. A list of the prescribed fee and forms is available here. Foreign applicants required to provide an address for service in Singapore when filling up Form D3.
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| 4 |
How do I apply to register a textile design? |
Some goods are classified as textiles. The Registered Designs Rules 2000 defines this as "textile or plastics piece goods, handkerchiefs, shawls or such other class of articles of a similar character". For the purposes of registration, protection is limited to features of pattern and ornament only. You should include a representation of your design as it applies to the textile article. A statement of novelty is not required for registration of patterns or ornaments to be applied to textile articles, wallpaper or similar articles. You should insert "Nil" in this section if your design applies to such an article.
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| 5 |
How much will it cost to apply for a design registration? |
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The two main costs involved in a design registration would be the official filing fees and your agent's fees (if you engage one). A list of all the prescribed fees is available here.
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| 6 |
What do I need if I wish to claim priority from a previous overseas application? |
If you wish to claim priority, the claim has to be made at the point of filing the application. Priority documents and their translations (if applicable) will only need to be furnished if they are requested for by the Registry.
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| 7 |
Must I submit a model or specimen of my design with my application? |
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Specimens or models are not required unless the article to which the design applies is a textile. Rather, a good representation of your design will suffice. You must provide a set of representations of your design, consisting of at least one image and enclose it with your application.
However, if the design is two-dimensional, the Registrar may permit a sample of the design to be accompanied with the design registration application. The dimensions of the sample and the period of submission will be determined by the Registrar.
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| 8 |
I am told that I must lodge my design application in the appropriate class and subclass of articles. How do I find out which class and subclass my design falls under? |
You may refer to the Third Schedule which lists the headings of the 32 classes and subclasses based on the Locarno Classification for Industrial Designs. Please note that this list gives general information about the types of articles, which belong to each class and subclass, and is a quick reference to help you locate the correct class and subclass to lodge your design application in.
In the registration form, besides requiring you to state the exact class and subclass, you would also need to specify the article according to the Locarno Classification. To ascertain the names of the articles, please refer to a copy of the Locarno Classification which is available at the IPOS Counter. Alternatively, you may wish to access the WIPO website for the Locarno Classification.
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| 9 |
Would the Registry conduct any examination? |
The Registry conducts an examination on formal requirements of the:
- application form D3;
- representations;
- statement of novelty;
- statement relating to confidential disclosure, if any;
- statement relating to previous registration of design in respect of other articles, if any; and
- claim to priority.
If some requirements are not met, the Registrar will notify the applicant and give him an opportunity to correct the non-compliance accordingly. If the applicant fails to correct the non-compliance within the period specified by the Registrar, the application shall be treated as withdrawn. The Registry does not conduct any novelty search for design applications.
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| 10 |
If I have published my design before lodging the application for registration, how will it affect my application? |
The Registrar may refuse an application for registration of a design on grounds that the design is not new or not registrable for any other reason.
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| 11 |
Can I lodge an application for the registration of a design that has been used in another country? |
To qualify for registration, a design must be new and not known to anyone in the world. Thus a design that has been used in another country would not be registrable in Singapore.
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| 12 |
How do I seek help to clarify the matters raised in the Registry's report? |
You may contact the officer-in-charge to clarify any matter or make an appointment with the officer to have a discussion.
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| 13 |
What should I do if I cannot reply to the Registrar's objections within the stipulated time period given by the Registrar? |
You should lodge Form D16 to request for an extension of time before the expiry of the time period stated in the Registrar's letter.
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| 14 |
When can I apply the words "Registered Design" on my articles? |
You should only use "Registered Design" upon the successful registration of your design. It is a criminal offence to falsely represent a design as registered when it is not registered or if it is pending registration. Instead, you may describe your design as "Pending Registration" once you have filed your application.
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| 15 |
Can I make amendments to my application? |
Yes, the Registrar will permit amendments to the application if the proposed amendment does not substantially alter the overall appearance of the design or widen the scope of the rights. To lodge an amendment, you should file Form D5 together with the prescribed fee.
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| 16 |
How do I renew the registration of my design? |
You should file Form D8 and pay the prescribed fee to renew the design.
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| 17 |
What happens if the renewal fee is not paid on time? |
The renewal application can be lodged, at its earliest, six months before the design's renewal date is due. If you miss the renewal date, you can still lodge the renewal application within six months after the renewal date, but the prescribed late fee will apply. If you do not submit a renewal application within these dates, your design registration will lapse.
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| 18 |
I wish to license/assign my registered design to a third party. What should I do? |
Licence Details of a license should be recorded at the Registry by lodging Form D9 together with the prescribed fee.
Assignment Upon assignment, you would no longer have any rights in the design. The assignee (i.e. the person to whom the rights in a design have been assigned), should inform the Registry that he now is the new owner of the design by lodging Form D9 together with the prescribed fee. The Registry will record the particulars of the assignment and the details of the new owner in the Register.
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| 19 |
I have previously registered my design under a different corporate name. Can I apply to change the name as it appears in the Register? |
Yes, you can do so by lodging Form D1 and paying the prescribed fee.
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| 20 |
I registered my design when my business was a sole-proprietorship. It has recently been incorporated and is now a private limited company. Which form should I use to update the change in constitution type? |
You should lodge Form D9 and pay the prescribed fee to record the change of constitution of your company.
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| 21 |
Can I surrender my design after registration? |
You may apply to surrender a registered design by filing Form D12 and pay the prescribed fee.
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| 22 |
Must I apply for a design in Singapore before seeking protection overseas? |
It is not mandatory to apply for a design in Singapore before seeking protection overseas. However, if your design is registered in Singapore, you may apply for registration in other countries (Paris Convention countries and World Trade Organization(WTO) Countries) using the Singapore application as a priority claim.
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| 23 |
In which countries should I apply for design protection? |
The decision whether to apply for design protection is a commercial one. It generally depends on whether you intend to exploit your design in the country or may possibly wish to exploit it in future. Even if you have no intention of using the design in a country yourself, you can consider applying for a design registration for the purpose of granting licences in that country. When applying overseas, you may use the Singapore application as a priority claim for your design application in any country which is a party to the Paris Convention or World Trade Organization(WTO).
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| 24 |
If I need the Registrar's certification regarding my application in Singapore in order to obtain priority in filing a design application in another country, how do I go about obtaining it? |
You can obtain a certified copy of your application/registration by lodging Form D7 together with the prescribed fee. The Registry will send you a Certified Copy of the application/registration details.
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| 25 |
What is the Hague Agreement Concerning the International Registration Of Industrial Designs? |
The Hague Agreement is an international registration system for industrial designs which is governed by three Acts - the Geneva (1999) Act, the Hague (1960) Act and the London (1934) Act. The Hague Agreement allows an owner of an industrial design the means to have his design protected in several countries which are party to the Hague Agreement, by filing just one application with the International Bureau.
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| 26 |
Who administers the Hague Agreement? |
The Hague Agreement is administered by the International Bureau of the World Intellectual Property Organization (“WIPO”).
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| 27 |
Is Singapore a party to all the three Acts of the Hague Agreement? |
Singapore is party only to the Geneva (1999) Act of the Hague Agreement .
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| 28 |
Where can I find information on which countries are Contracting Parties to the different Acts of the Hague Agreement? |
A list of members may be found on WIPO’s website at www.wipo.int ->Activities & Services ->International Designs -> About Members
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| 29 |
Who may use the Hague system of international registration? |
In order to use the Hague system, you must have an entitlement to file the international application under the Hague Agreement. You have an entitlement to file if:
- you are a national of a State that is party to one of the Acts;
- you are a national of a State member of an intergovernmental organisation that is a party to the Geneva (1999) Act;
- you are domiciled in the territory of a State that is party to one of the Acts;
- you have a habitual residence in the territory of a State that is party to the Geneva (1999) Act ; or
- you have a real and effective industrial or commercial establishment in the territory of a party to one of the Acts.
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| 30 |
Can I choose to designate any countries under the Hague Agreement?
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This will depend on your entitlement to file the international application. For your information, Singapore is party only to the Geneva (1999) Act. For examples on entitlement to file, you may wish to refer to the explanatory notes to the application form (DM/1.INF) at www.wipo.int -> Activities & Services -> International Designs -> Forms
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| 31 |
I inadvertently left out one of the countries to be designated at the point of filing my international application. Can I amend my documents to insert the country? |
No, you may not amend the international application to add another designation. You would have to file a new application to designate the country that was originally missed out.
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| 32 |
Where can I file an international application? |
| An international application is usually filed directly (known as a “direct filing”) with the International Bureau of WIPO by the applicant. WIPO’s office is located at:
34, chemin des Colombettes, in Geneva, Switzerland.
An international application may also be filed, at the option of the applicant, through IPOS (“indirect filing”). Upon receipt of the international application and the payment of fees (including a transmittal fee), IPOS will forward the international application to the International Bureau.
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| 33 |
Do I need a Singapore design registration before I can file an international application? |
No, the filing of an international application does not require any prior national application or filing. A design may be filed and protected for the first time at the international level through the Hague Agreement.
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| 34 |
What filing date will I be given when I file an international application? |
For the allocation of a filing date to an international application, the Geneva (1999) Act makes a distinction between applications filed directly with the International Bureau by the applicant and those filed through IPOS. Generally, the filing dates are as follows:
- in the case of direct filing, the filing date is the date on which the International Bureau receives the international application; and
- in the case of indirect filing, it is the date on which IPOS receives the international application ( provided that the application is received by the International Bureau within one month thereafter).
Filing dates may however be affected by irregularities in filing such as the non-payment of fees or other irregularities in filing.
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| 35 |
What are the fees to be paid for an international application? |
If your international application is filed directly with the International Bureau, the following fees are payable to World Intellectual Property Organization:
- Basic fees (for first and additional designs)
- Standard Designation fees (for first and additional designs)
- Individual Designation Fees (if applicable)
- Publication Fees (per reproduction in black & white / colour, per page)
- Fee per additional word for long descriptions
You may wish to use the fee calculator which can be found in the WIPO website to assist in the calculation of the fees payable.
If your international application is indirectly filed through IPOS, in addition to the fees payable to the World Intellectual Property Organization, a transmittal fee of S$150 will also have to be paid.
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| 36 |
What are the currencies that I can pay in? |
All payments made to the International Bureau must be made in Swiss currency. If you are filing through IPOS, there is an additional transmittal fee of $150 which is payable in Singapore dollars.
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| 37 |
If I file indirectly at IPOS, how should I make payment for my international application? |
| You would submit your application form together with a banker’s cheque made payable to “World Intellectual Property Organization”.
You would also need to pay a transmittal fee of SGD150 which is payable to IPOS. The transmittal fee may be paid via GIRO, cashcard, by cash or by cheque made out to “Intellectual Property Office of Singapore”.
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| 38 |
How many designs can I make in one international application? |
| A single international application may comprise several different designs, up to a maximum of 100 designs. All the designs must belong to the same class of the Locarno Classification.
If the international application designates Singapore, the applicant should note that Singapore law requires that designs that are subject of the same application conform to a requirement of unity of design, unity of production or unity of use, or belong to the same set or composition of items, or that only one independent and distinct design may be claimed in a single application.
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| 39 |
What happens if an international registration designating Singapore does not conform to this principle of “unity of design”? |
IPOS will inform the International Bureau of the fact at the examination stage. The applicant will be invited to divide his application to overcome the objection. The application to divide the international registration must be made within 3 months from the notification of by IPOS. The divided applications will have the same filing date as that of the international registration.
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| 40 |
Where will my international registration be published? |
The international registration is published in the International Designs Bulletin which is an electronic bulletin on WIPO’s website. The details of the international registration will not be re-published in the Singapore Designs Journal. The Designs Journal will however list the International Design number of those international registrations that are published in WIPO’s Bulletin.
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| 41 |
Can I request that the publication of the international registration be deferred? |
Under the Geneva (1999) Act, publication may be deferred up to 30 months. However, Singapore law does not provide for deferment of publication. Hence, if an international registration designates Singapore and the applicant wishes to proceed with the deferment, Singapore may have to be withdrawn from the list of designated countries.
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| 42 |
What happens after publication of the international registration by the international Bureau? |
After publication, the offices of the designated parties have 6 to 12 months, (depending on whether an office does substantive examination), to file a Notification of Refusal.
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| 43 |
How will I know whether my international application is protected? |
If no Notification of Refusal is made by the offices of the designated countries to the International Bureau within six to 12 months from the date of publication, the international registration will enjoy the same protection as a regular national filing in those countries.
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| 44 |
How long will my international application last? |
| International registrations are valid for an initial period of five years. They can be renewed for two additional periods of five years (i.e., a minimum period of protection of 15 years).
Under the Geneva (1999) Act, if the domestic legislation of a party to this Act allows a term of protection of more than 15 years; the international registration may be renewed in respect of that State for additional periods of five years, up to the expiry of the total term of protection allowed for such national registrations.
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Last updated on 10 Nov 2008 |
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