1. Usage of Symbols
symbol and ®
symbol should not be used interchangeably.
The TM symbol informs others that you are using the logo or name as a trade mark, but the mark may not be registered or protected under trade mark laws.
The use of the ® symbol is only allowed after the status of your trade mark has been updated as "Registered". The ® symbol indicates that the mark is protected under trade mark laws.
2. Registered Business Name with ACRA/SGNIC is Not Trade Mark Protection
A business name registration with Accounting and Corporate Regulatory Authority (ACRA)
or domain name registration with Singapore Network Information Centre (SGNIC) Pte Ltd
does not equate to trade mark protection.
If you intend to use your business name as a trade mark on your goods and services, you will need to register it as a trade mark with IPOS, in order to obtain exclusive rights to use the mark in the course of trade.
3. Register At Earliest Opportunity
Register your trade mark as soon as possible to avoid objection of your application should another similar or identical trade mark be filed by another party before you.
You can apply to register your trade mark before use, as long as you have the intention to use it in relation to the goods and services indicated in the application. However, if a registered trade mark has not been used consecutively for 5 years, there is a risk of the trade mark being removed from the Trade Marks Register.
If you have filed for the same trade mark in another country (which is either a member of the Paris Convention or the World Trade Organization) within 6 months and that application is the first filing, you may file for priority claim in your Singapore trade mark application. Should a similar mark be filed in Singapore by another party after your priority date (i.e. the date your application is first filed), your application will have priority over the other party's application. More information on priority claims can be found in the Trade Marks Work Manual