trade-marks

TRADE MARKS

A trade mark can help you differentiate your products and services from others. Read on to learn more about registering and managing your trade marks.

Maintaining Trade Marks

Maintain Your Singapore Trade Mark
If you have submitted a trade mark application in Singapore or have a Singapore-registered trade mark, learn more about the possible remedies, amendments and registrable transactions available for your application or registration.

Change Details of Applicant, Proprietor, Agent or Representative
Some possible scenarios involving a change in details of the applicant, proprietor, agent or representative are shown below.

Different forms may be required based on the type of change(s) and whether there is a change in business constitution or legal entity. The determination of a change in business constitution or legal entity is dependent on the laws of the country where the proprietor company was incorporated. 

 

Form required:

Form CM1

Form CM2

Form CM8

For change of details in relation to:

  • Agent

  • Applicant

  • Proprietor

  • Agent

  • Other Interested Parties

  • Applicant

  • Proprietor

Possible scenarios:

  • Appointment of an agent

  • Removal of an agent

  • Change 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 or correction of typographical errors in:

  1. Name;

  2. Address;

  3. Singapore Address for Service;

  4. Sole Proprietor Name or Partners’ Names;

  5. Country/Territory/State of Incorporation;

  6. Country/Territory of Residency

  7. Nationality; 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 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)


General
note(s)

For the removal of an agent:

An agent who intends to cease to act on behalf of their representee for an application or registration, should serve a notice to their representee 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 Form CM1, it must be accompanied with a cover letter indicating that their representee has been notified of the aforementioned.

 

 

For a change or correction of typo errors in sole proprietor name or partners’ name:

Form CM2 may be filed pertaining only to the names on record, and not the change (addition/removal) of proprietor or partners in a partnership.


  • To request for a correction of error(s) in Form CM8 which is still pending processing by the Registry, please file Form CM4.

  • To request for a correction of error(s) in Form CM8 which has been processed and recorded by the Registry, please file Form TM27 for each affected trade mark.

  • 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 representatives 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.


Amend Your Trade Mark Application or Registration
Form TM27 should be filed with IPOS to amend a trade mark application or registration (excluding change of name, address, or address for service).

Scenarios where Form TM27 should be filed include:
  1. Amendments to a TM4 application or registration (excluding those covered by Form CM1 or Form CM2) pertaining to:

    • Goods and/or services 

    • Priority claim

    • Mark representation

    • Number of series marks

    • Mark type

    • Claims to non-conventional mark type

    • Disclaimer or limitation

  2. Correction of errors in relation to a recorded change of ownership

    • Note: For correction of error(s) in Form CM8 which is still pending processing by the Registry, please file Form CM4 instead.

  3. Correction of errors in other processed forms which would already have been recorded on the Register 

General Note(s) on Amendment of Trade Mark Application / Registration:
  • In general, the amendments to details in Form TM4 is only allowed if it does not affect the identity of the mark or does not involve the broadening in the scope of protection of the trade mark.

  • The only allowable exception of alteration to the mark representation of a registered mark is where the alteration of a mark is limited to that of the name/address of the proprietor of the mark, provided that the alteration does not substantially affect the mark identity. If the request to amend the mark representation is acceptable, the mark amendment will undergo publication in the Trade Marks Journal for 2 months for public inspection.
Request for Extension of Time to Respond to IPOS
Form CM5 should be filed with IPOS to request for extension of time in relation to a deficiency/objection letter. 

General Note(s) on Extension of Time
  • Requests for extension of time should be filed before the expiry of the deadline to respond to IPOS.

  • No fee is applicable for the first and second requests for extension of time, however, a fee is required for the third and subsequent requests for extension of time. The third and subsequent requests for extension of time must be accompanied by reason(s) and are subject to the Registry’s approval.

  • If the same reason is repeatedly used to request for extension of time, supporting documents may be required to justify the reason provided.

  • Please note that a request for extension of time to renew or restore a trade mark registration is not allowed under Rule 77(6)(e) and (f) of the Trade Marks Rules.

Request for Reinstatement of Application or Rights

When a written response to IPOS’ deficiency/objection letter is not received within the stipulated due date, the application status will be updated as “Treated as Withdrawn (Reinstatable)”.

Form CM13 should be filed with IPOS to request for a reinstatement of rights.

If no written response is received by the due date for the reinstatement of rights, the application or transaction filed will be “Treated as Withdrawn”.

General Note(s) on Reinstatement of Trade Mark Application
  • For reinstatement of an application for registration, the Registry will require a written response to the objection/deficiency to be accompanied with the submission of Form CM13.

File a Statutory Declaration
A statutory declaration may be required:

A statutory declaration is a declaration sworn before a Commissioner for Oaths or a Notary Public. You may arrange an appointment with our Commissioner of Oaths before submission of your statutory declaration to IPOS*.

For guidance on how a statutory declaration should be presented, please refer to our Sample Statutory Declaration to File Evidence of Use.

*In view of the COVID-19 situation, please note that our Commissioner for Oaths services will remain unavailable until further notice.

File a Letter of Consent
A letter of consent may be required:
  • To overcome a citation by obtaining consent from the cited mark applicant/proprietor to the registration and use of the mark. 

  • To overcome an objection raised by obtaining consent to the registration and use of the mark from (i) a famous personality or his/her legal representative or (ii) the owner or developer of a famous building. 

  • To overcome an objection raised by obtaining consent to the registration and use of the mark from the relevant authorities.

For guidance on how a letter of consent should be presented, please refer to the Sample Letter of Consent.

Divide Your Trade Mark Application
An applicant can request to divide the goods and/or services in his trade mark application (“parent mark”) into separate applications (“child marks”). This procedure may be useful to an applicant whose application faces an objection from IPOS or opposition from third parties. The acceptable goods and/or services could proceed to publication and/or registration without delay, while the objectionable goods and/or services in the application could be divided out and dealt with separately.

Form TM8 should be filed with IPOS to divide an application for registration.

Scenario for Illustration Purposes
Trade mark application no. 40202112345A was filed in Classes 1 and 2. An objection has been raised only for all the goods in Class 1.trade-mark-application
The applicant may consider filing Form TM8 with the relevant fee to divide the application into two (i.e. Class 1 remains in one of the applications, and Class 2 will be divided out into another application). Upon the Registry’s approval of the division, each child mark on IPOS' Register will bear a similar IPOS application number as the parent mark, except that they will each have a suffix added (e.g. 40202112345A-01 and 40202112345A-02).

The mark status of the parent mark (40202112345A) will updated as “Divided”. The mark status of 2 child marks (40202112345A-01 and 40202112345A-02) will be reflected as “Pending (Under Examination)”.

Trade mark application no. 40202112345A-02, where only Class 2 is claimed, will be accepted for publication since there is no outstanding objection against the application. The applicant will still have to overcome the objection in trade mark application no. 40202112345A-01, where only Class 1 is claimed, as Form TM8 is not considered to be a response to our objection letter and the objection remains outstanding.
General Note(s) on Division of a Trade Mark Application
  • Division of a trade mark application may be made at any time before registration. Once a trade mark is registered, it cannot be divided.

  • A request for division would not be applicable to divide out the objected series mark(s) in bid to overcome a series mark objection.

  • The goods and/or services requested to be divided out must still fall within the scope of the goods and/or services claimed in the parent mark.

Withdraw Your Trade Mark Application

Form CM9 should be filed with IPOS to withdraw a trade mark application.

After the withdrawal of a trade mark application, the mark and/or class status(es) may be updated as “Withdrawn”.  A trade mark cannot be reinstated or restored once it has been withdrawn.

Cancel Your Trade Mark Registration

Form CM3 should be filed with IPOS to cancel or partially cancel a registered trade mark.

The proprietor should declare in Form CM3 that there is no pending Court proceeding and all parties affected by the cancellation request have been notified of the intended cancellation 3 months prior to the filing of cancellation, and that there was no objection to the cancellation.

After the cancellation of a trade mark registration, the mark and/or class status(es) may be updated as “Cancelled”. A trade mark cannot be reinstated or restored once it has been cancelled.

File or Amend Regulations Governing the Use of a Collective Mark or Certification Mark
A collective mark serves as a badge of origin to distinguish goods or services of members of a particular association from those who are not members of the association. Meanwhile, a certification mark serves as a badge of quality, which is not used by the proprietor of the mark, but by his authorized users, as a guarantee to the relevant public that the goods or services have been certified to possess a particular characteristic or contain certain qualities.

Applicants seeking registration of a collective mark or certification mark must file a copy of the regulations governing the use of the collective mark or certification mark with IPOS within 9 months after the date of application of the collective mark or certification mark.

Form TM10 should be submitted for the filing or amendment of regulations governing the use of a collective mark or certification mark.

For more information on content requirements of the regulations, please refer to the Trade Marks Work Manual Chapters on Collective Marks and Certification Marks.
Register, Amend or Terminate Licence
A trade mark proprietor can give permission to another party to use his trade mark. This can be done by granting that person a licence over the trade mark.

Although the grant of a licence is not invalidated due to failure to record the licence with IPOS, it is advisable for licensees to record their interest to ensure that third parties are aware of the existence of the licence. Recording the licence also serves as prima facie evidence of the transaction.

Form CM6 should be filed with IPOS to register, amend or terminate a licence.

 

General Note(s) on Licence: 
  • Correct error(s) in Form CM6 which is still pending processing by the Registry via Form CM4.

  • Correct error(s) in the Register following the recordal of the licence transaction on the Register via Form TM27 in respect of each mark.

  • Instead of Form CM6, an Assent by Personal Representatives may be required for scenarios involving a person entitled under the deceased person’s will or intestacy.

  • For more information, please refer to the Trade Marks Work Manual Chapter on Licences.


Register, Amend or Terminate Security Interest
Form CM7 should be filed with IPOS to register, amend or terminate a security interest.

General Note(s) on Security Interest
  • Correct error(s) in Form CM7 that is still pending processing by the Registry via Form CM4.

  • Correct error(s) in the Register following the recordal of the security interest transaction on the Register via Form TM27 in respect of each mark.

  • Instead of Form CM7, an Assent by Personal Representatives may be required for scenarios involving a person entitled under the deceased person’s will or intestacy.

Maintain Your International Registration Designated to Singapore

Requests to be presented to IPOS

The following requests may be presented to IPOS for an international registration designated to Singapore.

Register, Amend or Terminate Licence
Licences may be recorded against an international registration. However, as Singapore has declared that the recording of licences in the International Register has no effect in Singapore, a holder of an international registration wishing to record a licence of an international registration designating Singapore has to file Form CM6 with IPOS, instead of Form MM13 to the World Intellectual Property Organization (WIPO).
Transform an International Registration into a National Application
Where the international registration (IR) designating Singapore is cancelled whether for all or some of the goods and/or services at the request of the Office of Origin, the IR holder is given the possibility to obtain protection of his mark in Singapore by transforming it into a national application within 3 months from the date of cancellation of the IR. This procedure may be useful to a holder as the filing date of the IR will be preserved, and the transformed national application will be treated as though it had been filed on the date of the IR or the date of the subsequent designation (SD). The transformed national application will also enjoy the priority which was enjoyed by the IR.

A holder of an IR designating Singapore may file Form MP1 with IPOS to request for a transformation.

For a successful transformation, the following conditions must be fulfilled:

 

  1. Form MP1 is filed within 3 months from the date on which the IR was cancelled.

  2. Goods and/or services requested to be transformed must be identical or narrower in scope than the cancelled goods and/or services. 

  3. The cancellation request is at the request of the holder’s Office of Origin (and not at the request of the holder).

For more information on transformation of an IR, please refer to the Trade Marks Work Manual Chapter on International Registrations / Subsequent Designations Designating Singapore.

Replacement of Registered Trade Mark with International Registration

If the holder of an international registration (IR) designating Singapore already owns an existing Singapore national registration, the holder has the option to replace the national registration with the IR if the conditions below are fulfilled.

  1. Both the national registration and the IR are in respect of the same mark;

  2. Both the national registration and the IR are under the same holder; 

  3. All the goods and/or services listed in the national registration are also listed in the IR. While the IR need not have an identical list of goods and services, the IR list cannot be narrower in scope than the national registration; and

  4. The IR is extended protection in Singapore on a date later than the date of the national registration.

The holder may file Form MP2 with IPOS to replace the registered trade mark with an international registration. IPOS will record the replacement on its Register and also notify the World Intellectual Property Organization (WIPO) of the replacement request.

As replacement is deemed to take place automatically as long as the above conditions are met, there is, technically, no action required by the holder. However, such replacement will only be recorded by a particular designated country if a request to record is made. Such a recordal is necessary for the information of the third parties. As such, the holder is advised to request IPOS to record on the national Register the fact that the national registration has been replaced by the IR.

For more information on replacement of a registered trade mark, please refer to the Trade Marks Work Manual Chapter on International Registrations / Subsequent Designations Designating Singapore.

Division of an International Registration
A holder of an international registration (IR) designating Singapore can request to divide the goods and/or services in an IR (“principal registration”) into 2 separate IRs (“divisional registrations”). This procedure may be useful to a holder whose IR faces a partial refusal from IPOS. The acceptable good and/or services could proceed to publication and/or registration without delay, while the objectionable goods and/or services in the IR could be divided out and dealt with separately.

Form MM22(E) should be filed with IPOS to divide an IR designating Singapore.

After the request has been examined by IPOS, it will be forwarded to the International Bureau of the World Intellectual Property Organization (WIPO) for further examination. If the request meets the formal requirements set out by WIPO, WIPO will create a divisional registration (with a new IR number) in respect of the goods and/or services to be divided out, and issue an official notification to IPOS and the holder. Upon receipt of the notification, IPOS shall proceed to record the division and notify the holder accordingly.
divisional_registration

 

  • One divisional registration will contain the goods/services which the holder requests to remain, under the IR number of the principal registration prior to division. 

  • The other divisional registration will contain the goods/services which the holder has requested to be divided out, under a new IR number.

  • Each divisional registration on IPOS’ Register will bear a similar IPOS application number as the principal registration, except that they will each have a suffix added (e.g. “40202112345A-01”, “40202112345A-02”).

For more information on the requirements and effects of the division of IRs, please refer to WIPO’s website here.

General Note(s) on Division of IRs
  • The principal registration must not be a registered trade mark at the point of filing the request.

  • The goods and/or services requested to be divided out must still fall within the scope of the goods and/or services claimed in the principal registration.

Merger of an International Registration

IPOS accepts requests to merge divisional international registrations (IR) designating Singapore, regardless of whether they have proceeded to registration in Singapore or not. This procedure may be useful to a holder who has previously divided his IR in an attempt to overcome a partial provisional refusal issued by IPOS. The divisional registrations could be merged into the principal registration that they were divided from, thereby enabling the holder to continue managing them under the same IR number as reflected on the International Register of the World Intellectual Property Organization (WIPO).


Form MM24(E) should be filed with IPOS to merge divisional IRs designating Singapore.


After the request has been examined by IPOS, it will be forwarded to the International Bureau of WIPO for further examination. If the request meets the formality requirements set out by WIPO, WIPO will issue a notification to IPOS and the holder of the IR. Upon receipt of the notification, IPOS shall proceed to amend the IR number of the divisional registration back to the original IR number of the principal registration and notify the holder accordingly.

tm_international-merger

  • Following the completion of the merger recordal process, the divisional IRs will bear the same IR number but will continue to exist under separate IPOS application numbers on IPOS’ Register.

  • Any existing deadlines applicable to the divisional registrations will continue to be effective after the merger is recorded by IPOS. 


For more information on the requirements and effects of the merger of divisional IRs, please refer to WIPO’s website here.


General Note(s) on Merger of IRs
  • The divisional registrations can only be merged into the principal registration on the International Register.

Requests to be presented to WIPO

Apart from the requests to be presented to IPOS listed above, all other requests for recordals in relation to international registrations designating Singapore filed under the Madrid Protocol, should be presented to WIPO. 

Please refer to WIPO’s website on How to Manage Your International Registration for the possible IR transactions, as well as the Forms Required for the International Registration of a Mark

You may also wish to refer to our Trade Marks Work Manual Chapter on International Registrations / Subsequent Designations Designating Singapore.

Other Requests for Trade Mark Documents

We also provide other Registry services below which you may find useful.

Request for Certified Copy of Register Entry or Extract
Form CM12 should be filed with IPOS to request for a softcopy or hardcopy of the required Register entry or extract.

If you additionally wish for the document to be stamped and endorsed as a “certified true copy”, you can make a written request for the “certified true copy” services in the form of a cover letter attached to Form CM12. You can do so via the following options:


  1. Fill up the template for request to certify document(s) and attach it to Form CM12; or 

  2. Make a written request for the “certified true copy” services in the form of a cover letter attached to Form CM12. 


You may wish to note that certified extracts of the IPOS Register pertaining to an international registration may not necessarily tally with the International Register maintained by the World Intellectual Property Organization (WIPO) due to a possible time lapse in updating of the respective Registers. Consider applying directly with WIPO for certified extracts from the International Register.

Certifying Office Copies, Manuscripts or Printed Matter
If you wish to have a physical stamp and human signature on a document issued to you by IPOS, please submit your request via FormSG, along with a completed copy of this template. Each document will be charged at $12.
Request for File Inspection
If you are the applicant, agent or filer on record for a trade mark application or registration, you may submit a written request for file inspection of the trade mark application / registration by writing to us at ipos_enquiry@ipos.gov.sg.
Purchase a Copy of the Trade Marks Journal
Trade mark applications which are accepted for publication will be published for a period of 2 months in the Trade Marks Journal for public inspection. 

 

Each issue of the Trade Marks Journal will be available online for 3 months. To obtain copies of past journal issues, you can submit your request here. Each past issue will be charged at $12.

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