Singapore trademark system

"Sign" refers to a sign that has the ability to display a graphic and to distinguish goods or services handled or provided by one person as a business from goods or services handled or provided by other persons. "includes letters, words, names, signatures, numbers, graphics, brands, titles, labels, tickets, shapes, colors, the appearance of packaging, or any combination thereof."

*Some of the new types of trademarks that have been adopted in Japan (colors, sounds, movements, holograms) are recognized.

• 3D trademark
• series trademark
• collective trademark
• certification trademark

• Adopt the registration principle.
• Adopt the first-to-file principle. However, due to the application of common law, the fact of prior use is also taken into account.

• It is 10 years from the registration date (application date). *When registering a trademark, the filing date is considered the registration date.
• Renewable every 10 years → Applications can be made from 6 months before the expiry of the term
  (You can apply for renewal within 6 months after the expiration date by paying the late renewal fee.)

• A multiple-division system for one application is adopted.
• International classification is adopted.
• Retail service system (Class 35) available

• ①Application form
  *It is necessary to declare your intention to use the trademark in good faith.
  *For trademarks that include a figure, provide an explanation of the figure.
  *For trademarks containing characters other than Roman characters, enter the English translation, transliteration, and etymology.
  *If the word is a coined word, state that it is a coined word.
• ②Trademark sample
• ③ Power of attorney (notarization/certification not required)
• ④ Regarding priority, enter the specified matters in the application form (priority certificate may be requested)

• ①Formal examination
  A formality examination will be conducted on the application documents.
  In the event of a violation of the system, a notice will be issued requiring correction of the deficiencies with a specified response period. If the notification is not responded to or the deficiencies are not corrected, the application will be treated as withdrawn.
• ②Substantive examination
  After formality examination, substantive examination will be conducted.
  If the requirements for registration are not met, a notice of reasons for refusal will be issued, specifying a period for response.
  If there is no response to the notice of reasons for refusal or if the reasons for refusal are not resolved, the registrar may issue a decision of refusal. If the applicant is dissatisfied with the refusal decision, he or she may file a lawsuit with the high court.
  If the registration requirements are met or if the reasons for refusal are resolved by a written opinion or amendment, the application will be published.

If the registration requirements are met, the contents of the application will be published.

Any person may file an opposition within two months from the date of publication of the application.

If no opposition is filed within the time limit or if all opposition proceedings are dismissed or decided in favor of the applicant, the Registrar will register the trademark.

• ① Invalidation trial
• ②Non-use cancellation trial
  (Any person can request cancellation if it has not been used for 5 years.Cancellation can be made for each product/service)
• There is no system to appeal the decision of refusal, and if you are dissatisfied with the decision of refusal, you will have to file a lawsuit with the High Court.