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Trademark law in Singapore is governed by the Trade Marks Act, which provides a framework for the registration, protection, and enforcement of trademarks within the country. A trademark can include any sign capable of being represented graphically such as logos, names, or even a combination of letters and colors that distinguish the goods or services of one trade entity from another. The Intellectual Property Office of Singapore (IPOS) oversees the regulation and administration of trademarks. Having a registered trademark provides the owner exclusive rights to use the mark in relation to specific goods or services in Singapore.
Trademark law can be complex and navigating the registration process or a dispute may require professional legal assistance. Common situations where you might need a trademark lawyer include:
Key aspects of Singapore's trademark laws include the requirement for trademarks to be distinctive and not identical or confusingly similar to existing marks. The Trade Marks Act stipulates that trademarks must also not be deceptive or against public policy. Once registered, a trademark is protected for ten years and can be renewed indefinitely. It is important to note that Singapore has implemented several international agreements concerning intellectual property, including the Paris Convention and the Madrid Protocol, allowing for wider protection across multiple jurisdictions.
A trademark is a legally registered symbol, word, phrase, shape, or design that identifies and distinguishes the source of the goods or services of one party from those of others.
The trademark registration process typically takes about 9 to 12 months, from application to final registration, assuming there are no objections or oppositions.
Through the Madrid Protocol, which Singapore is a part of, you can file for international trademark protection in multiple member countries using a single application.
If an opposition is filed against your trademark application, you will need to address it through a legal process which may involve negotiation or legal proceedings to resolve the dispute.
Marks that are generic, descriptive, deceptive, or contrary to public order or morality cannot be registered as trademarks.
While prior use is not necessary for registration, actual use of the trademark in commerce strengthens its protection and validity.
Trademark rights can be enforced through legal action against infringers, obtaining injunctions, or negotiation of settlements.
The total cost can vary, but generally includes official fees and potential legal fees if you choose to hire a lawyer for assistance. The filing fee starts from SGD 240 per class of goods or services.
Yes, trademark rights can be lost if the mark is not used for a continuous period (usually five years) or if it becomes generic through use in commerce.
The Intellectual Property Office of Singapore (IPOS) manages the trademarks registry, administers trademark law, and provides resources and support for applicants and trademark owners.
For further assistance and information on trademarks, the following resources may be helpful:
If you require legal assistance with trademarks in Singapore, consider the following steps:
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
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