Registration and Ownership

Form required:

Form CM1

Form CM2

Form CM8

Form CM4

For change of details in relation to:

• Agent

Any person, such as

• Applicant

• Proprietor

• Agent

• Other Interested Parties (e.g., Grantee of a security interest, Licensee etc)

• Initiator in a contentious proceeding

• Applicant

• Proprietor

Any person, such as

• Applicant

• Proprietor

• Agent

• Other Interested Parties (e.g., Grantee of a security interest, Licensee etc)

• Initiator in a contentious proceeding

Possible scenarios:

• Appointment of an agent

• Notice of intention to cease to act as an agent

• Change (not correction) of an agent

  • This includes the scenario where there is a change in legal entity of an agent (e.g. from ABC LLP to ABC Pte Ltd)

• Change (not correction) in:

1. Name;

2. Address;

3. Singapore Address for Service;

4. Sole Proprietor Name or Partners’ Names;

5. Country/Region/State of Incorporation;

6. Country/Region of Residency;

7. Country/Region of Citizenship; or

8. Other Particulars,

strictly where there is no change in the legal entity of the applicant / proprietor / agent / other interested parties on record.

• Change in the name of an applicant/proprietor on record who no longer trades as his sole proprietorship, but in his own name (e.g. Paul Tan trading in the name of Paul Tan Chicken Rice to be updated as Paul Tan).

• Transfer of ownership of a trade mark application or registration (e.g. from ABC Pte Ltd to XYZ Pte Ltd)

• Change (not correction) in legal entity of the applicant or proprietor (e.g. from ABC LLP to ABC Pte Ltd)

• Addition or removal of partners in a partnership (e.g. from “Jonathan Low, Timothy Tan” to “Jonathan Low”)

• Merger and division (e.g. Merger of “Kelly Corporation” and “ABC Corporation” to “Kelly Corporation”)

• Reincorporation of business entity in a new country, or in another state of the United States of America (e.g. from ABC Ltd in Singapore to ABD Ltd in France, or from ABC Ltd in Delaware, USA to become ABC Ltd in California, USA)

• Correction in the ownership of a trade mark application or registration (e.g. details of the applicant was inserted wrongly at the point of filing – applicant should have been DEF Pte Ltd instead of FGH Pte Ltd

• Correction in relation to a recorded change of ownership

• Correction of a person’s particulars relating to:

1. Name;

2. Address;

3. Singapore Address for Service;

4. Sole Proprietor Name or Partners’ Names;

5. Country/Region/State of Incorporation;

6. Country/Region of Residency;

7. Country/Region of Citizenship; or

8. Other Particulars

General
note(s)

Notice of intention to cease to act as an agent:

An agent who intends to cease to act on behalf of the principal for any application or proceedings before IPOS, must provide the following in Form CM1:

1. a notice of such intention;

2. the party’s latest address (including any email address) on the agent’s records;

3. a statement that the agent has given reasonable notice to the party of such intention, and has informed the principal of the consequences of not having a Singapore address for service in Singapore in respect of the application or proceeding in question.

In relation to point 3, the agent should have served a notice to their principal of:

1. the intention to cease to act on their behalf;

2. the need to furnish a new Singapore address for service; and

3. the consequences of not furnishing it.

If a new Singapore address for service is not furnished in the Form CM1 above, the Registrar will issue a notice to the principal to request a new address for service. The relevant consequences will apply if no address for service is provided within three months after the date of the Registrar’s notice.

For changes pertaining to a sole proprietor’s name or partners’ names:

• If the change pertains to the addition or removal of partners arising from an assignment, please file Form CM8 to effect the assignment.

• If the change pertains to the addition or removal of partners arising from a clerical error or mistake in the details submitted to IPOS, please file Form CM4 to correct the error or mistake.

• To request a correction of error(s) in a Form CM8 (regardless of whether it is pending processing by the Registrar, or has been processed by the Registrar and recorded on the Register), please file Form CM4.

• Instead of Form CM8, an Assent by Personal Representatives may be required for scenarios involving the death of a co-proprietor of a trade mark or the death of a sole proprietor. An assent is made by the personal representative(s) to a person entitled under the deceased person’s will or intestacy.

• For more information on the assignment or transfer of trade mark ownership, please refer to the Trade Marks Work Manual Chapter on Assignment.

For an application to correct a recorded change in ownership:

In the scenario where the trade mark applicant or proprietor wishes to correct a recorded change in ownership (e.g., the Form CM8 should have been filed to transfer the trade mark from ABC Pte Ltd to XYZ Pte Ltd, but was wrongly filed to transfer to DEF Pte Ltd), a Form CM4 will be required to nullify the relevant recorded change in ownership details. A fresh application to transfer the ownership to the rightful applicant/proprietor may then be lodged for the Registrar’s re-examination and processing. Please also refer to Trade Marks Circular No. 3/2003 (dated 1 February 2008).

For an application to correct the name or other particulars of an applicant or a proprietor:

The Registrar may publish such application for opposition purposes before it is approved.

In deciding whether to exercise the discretion to publish the proposed correction, the Registrar will consider factors such as whether the erroneous information to be corrected was publicly available on the Register, and if so, the duration that the information has been on the Register, to decide whether the interests of third parties may be affected.

Upon publication of the proposed correction, any person can file a notice of opposition against the proposed correction within two months.