Disputes

You may encounter a dispute in the course of protecting your trade mark. This could be in the form of an opposition to your trade mark application, or an invalidation or revocation of your registered trade mark.

IPOS is introducing a pilot relating to page limits on evidence in inter partes trade mark proceedings.

In Singapore, it is possible to stop the registration of a trade mark. This is known as trade mark opposition. Some grounds of opposition could be that the trade mark sought to be registered is descriptive of the goods or services for which registration is sought, or that it is confusingly similar to an earlier trade mark.

The grounds for opposition, procedure and timelines are prescribed by law under the Trade Marks Act and Rules.

The flowchart below outlines the procedures and timelines for opposing a trade mark application.

TM Opposition

Read more on opposing a trade mark application filed in Singapore.

Read more on opposing an international trade mark registration designating Singapore.

In Singapore, it is possible to invalidate or revoke a registered trade mark.

Invalidation and revocation are two very different processes.

Invalidation is intended to remove from the register marks which should never have been registered in the first place, because such marks fail to satisfy the registration criteria. For example, the registered trade mark is descriptive of the goods or services for which registration is sought, or is confusingly similar to an earlier trade mark.

Revocation, on the other hand, is intended to remove marks whose initial registration was valid, but which should not be allowed to remain on the register. The reason could be because of the proprietor’s failure to use the registered trade mark or because it has become the common name in the trade for the product or service for which it is registered, or because it has become misleading. Revocation allows such marks to be released to the public for use.

The grounds for invalidation and revocation, procedure and timelines are prescribed by law under the Trade Marks Act and Rules.

The flowchart below outlines the procedures and timelines for applying to revoke or invalidate a registered trade mark.

TM Invalidation Revocation

Read more on revoking or invalidating a registered trade mark.