Trade mark protection is territorial in nature. To obtain protection for a trade mark, you will need to register the mark in the respective countries or territories.
Before a trade mark can be registered, the application will be examined to assess if the trade mark is registrable under local laws. For an application to register a trade mark in Singapore, the mark must be registrable under the Trade Marks Act. Hence, before you file a trade mark application, it is recommended that you seek legal advice to determine the registrability of your trade mark.
The application process for a trade mark registration differs depending on the location in which you wish to register your mark:
Applying to register a trade mark in Singapore
Prior to filing an application to register a trade mark in Singapore, you are encouraged to conduct similar mark searches on IP2SG Search & Enquiry.
The following diagram illustrates the application process and timeline, assuming that (1) the application is filed online via IP2SG and there are (2) no objection to the application and (3) no opposition to the registration.
After your trade mark is registered in relation to your goods and/or services, you effectively gained a statutory monopoly of your mark in Singapore for 10 years. A trade mark can add value to your business because
i. it can be used to protect your market share,
ii. you can license it to third parties such as a franchisee, or
iii. you can sell it outright for a specified value.
Click here for more details on registering your trade mark in Singapore.
Applying through IPOS to register a trade mark outside Singapore via the Madrid Protocol
To apply for a trade mark registration outside Singapore, you may file individual applications directly at the countries or territories concerned. Alternatively, you may file through IPOS a single international application to register your trade mark in countries or territories which are members of the Madrid Protocol.
Prior to filing the international application, you are encouraged to conduct similar mark searches on ASEAN TMView (for marks filed in ASEAN) or on the respective IP offices' trade mark registers.
The following illustration assumes that you have applied for a trade mark registration in Singapore before filing an international application via the Madrid Protocol for the same trade mark.
After your trade mark is registered in relation to your goods and/or services, you effectively gained a statutory monopoly of your mark for 10 years. A trade mark can add value to your business because
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