	Trademarks
	Singapore
	(Asia Pacific) Firm Rajah & Tann Singapore LLP Contributors Kok Keng Lau Updated 07 May 2021
What is the system for trademark protection in your country?	The system for trademark protection in Singapore includes the following: Coexisting rights under registration and common law
To which international treaties does your country belong?	Singapore belongs to the following international treaties: Paris Convention Madrid Protocol Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks Singapore Treaty on the Law of Trademarks
What are the benefits of registering a trademark in your country?	The benefits of registering a trademark in Singapore include: It entitles the proprietor to bring an infringement action Other: Exploitation of marks such as licensing.
Is it possible to obtain registration for the following types of marks under the registration system in your country?	Service marks Yes Defensive marks No Collective marks Yes, an applicant for registration of a collective mark must file with the Registrar's regulations governing the use of the mark. The regulations must specify who is authorized to use the mark, the conditions of membership to the association and where they exist, the conditions of use of the mark, including any sanctions against misuse. The regulations governing the use of the mark must also not be contrary to public policy or to accepted principles of morality. The regulations must also indicate the fees (if any) to be paid in connection with the operation of the mark. Certification marks Yes, an applicant for registration of a certification mark must file with the Registrar's regulations governing the use of the mark. The regulations must specify who is authorized to use the mark, the characteristics to be certified by the mark, how the certifying body is to test those characteristics and to supervise the use of the mark, the fees (if any) to be paid in connection with the operation of the mark and the procedures for resolving disputes, comply with any further requirements imposed by rules, are not contrary to public policy or to accepted principles of morality, and the applicant is competent to certify the goods or services for which the mark is to be registered. Well-known marks No, note a well-known mark is entitled to protection under the Trademarks Act – (a) whether or not the trademark has been registered in Singapore (as an ordinary trademark), or an application for the registration of the trademark (as an ordinary trademark) has been made to the Registrar; and (b) whether or not the proprietor of the trademark carries on business, or has any goodwill, in Singapore. Series marks Yes, a series of trademarks in an application must consist of a number of trademarks that resemble each other as to their material particulars and which differ only as to matters of a non-distinctive character not substantially affecting the identity of the trademarks Marks in a different language or characters other than Roman characters Yes, the mark must be represented graphically on the application form. Non-traditional marks: Sound marks Yes, a sound mark should be graphically represented in the application form in the form of a stave divided into measures and showing, in particular, a clef, musical notes and rests whose form indicates the relative value and, where necessary, accidentals. Non-traditional marks: Smell marks Yes, based on guidance given by the Intellectual Property Office of Singapore, scent is one of the more unusual kinds of signs and is difficult to represent graphically. It appears that there has not been an acceptable graphical representation for smell marks at the present stage of technology. Non-traditional marks: Position marks Yes, for position marks, the parts of the configuration which are claimed to constitute the trademark should be shown in solid lines, while the unclaimed parts (if any) should be shown in broken lines. Alternatively, the Registrar also considers it acceptable if the unclaimed parts are not in broken lines but the description of the mark makes clear that some aspects of the pictorial representation are not claimed. Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color) Yes, a sample of the color (s), in the form of a graphical representation, is required to be lodged with the application. In addition, the Registrar recommends that the applicant includes on the application form a designation from an internationally recognized identification code where the color or shade exists in the coding system (e.g. Pantone®). An appropriate description should also be included in the application form to indicate whether the mark consists of the color (s) applied to the goods or their packaging or to other commercial items. Non-traditional marks: Shape or three-dimensional marks Yes, a shape mark should be represented by a picture(s) and words that describe the subject matter of the proposed registration as shown in the picture(s).
What are the documents and information required for filing a trademark application in your country?	Documents and information required to file a trademark application in Singapore include: Name and address of the applicant Representation of the trademark Goods and services and the class(es) for which the trademark is to be registered) Other: A declaration of the applicant's use of or intention to use the mark.
Are multi-class applications permitted in your country?	Yes, multi-class applications are permitted in Singapore. There is no maximum number of classes prescribed for each application.
Is there substantive examination of trademarks?	Yes, there are substantive examinations of trademarks in Singapore on the following grounds: Substantive grounds Relative grounds Both
What are the absolute grounds for refusal?	Absolute grounds for refusal of a trademark in Singapore include: Mark has direct reference to the character or quality of the goods or services Mark is not distinctive Mark consists of a geographical name Other: Other absolute grounds of refusal include, without limitation, a sign which does not satisfy the definition of a trademark (i.e. any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade), a mark which consists of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade, a mark that is contrary to public policy or to morality, of such nature as to deceive the public, as well as a mark which was applied for in bad faith.
What are the relative grounds for refusal?	Relative grounds for refusal of a trademark in Singapore include: There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.
What is the time period from application to registration for a straightforward trademark application in your country?	The time period from application to registration in Singapore is between 6-12 months.
Is late renewal of a trademark registration permissible in your country?	Yes, late renewal of trademark registration is permissible in Singapore. Application for late renewal must be filed within 6 months following the expiry date of the mark, accompanied by payment of late renewal fees.
Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?	No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Singapore.
Are trademark licensees required to record themselves with the Registrar?	No, trademark licensees are not required to record themselves with the Registrar in Singapore, however, it is recommended. Every person shall be deemed to have notice of a license if particulars of the license are recorded in the Singapore register. A license to use a registered trademark is binding on every successor in title to the grantor’s interest except any person who, in good faith and without any actual or constructive notice of the license, has given valuable consideration for the interest in the registered trademark.
What are the available enforcement methods in your country?	Available enforcement methods in Singapore include: Civil enforcement Infringement action Passing off Criminal enforcement Border or other administrative enforcement measures
Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?	None identified.

Trademarks

Back XLS

What is the system for trademark protection in your country?

The system for trademark protection in Singapore includes the following:

Coexisting rights under registration and common law

To which international treaties does your country belong?

Singapore belongs to the following international treaties:

Paris Convention Madrid Protocol
Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
Singapore Treaty on the Law of Trademarks

What are the benefits of registering a trademark in your country?

The benefits of registering a trademark in Singapore include:

It entitles the proprietor to bring an infringement action
Other: Exploitation of marks such as licensing.

Is it possible to obtain registration for the following types of marks under the registration system in your country?

Service marks

Yes

Defensive marks

Collective marks

Yes, an applicant for registration of a collective mark must file with the Registrar's regulations governing the use of the mark. The regulations must specify who is authorized to use the mark, the conditions of membership to the association and where they exist, the conditions of use of the mark, including any sanctions against misuse. The regulations governing the use of the mark must also not be contrary to public policy or to accepted principles of morality. The regulations must also indicate the fees (if any) to be paid in connection with the operation of the mark.

Certification marks

Yes, an applicant for registration of a certification mark must file with the Registrar's regulations governing the use of the mark. The regulations must specify who is authorized to use the mark, the characteristics to be certified by the mark, how the certifying body is to test those characteristics and to supervise the use of the mark, the fees (if any) to be paid in connection with the operation of the mark and the procedures for resolving disputes, comply with any further requirements imposed by rules, are not contrary to public policy or to accepted principles of morality, and the applicant is competent to certify the goods or services for which the mark is to be registered.

Well-known marks

No, note a well-known mark is entitled to protection under the Trademarks Act – (a) whether or not the trademark has been registered in Singapore (as an ordinary trademark), or an application for the registration of the trademark (as an ordinary trademark) has been made to the Registrar; and (b) whether or not the proprietor of the trademark carries on business, or has any goodwill, in Singapore.

Series marks

Yes, a series of trademarks in an application must consist of a number of trademarks that resemble each other as to their material particulars and which differ only as to matters of a non-distinctive character not substantially affecting the identity of the trademarks

Marks in a different language or characters other than Roman characters

Yes, the mark must be represented graphically on the application form.

Non-traditional marks: Sound marks

Yes, a sound mark should be graphically represented in the application form in the form of a stave divided into measures and showing, in particular, a clef, musical notes and rests whose form indicates the relative value and, where necessary, accidentals.

Non-traditional marks: Smell marks

Yes, based on guidance given by the Intellectual Property Office of Singapore, scent is one of the more unusual kinds of signs and is difficult to represent graphically. It appears that there has not been an acceptable graphical representation for smell marks at the present stage of technology.

Non-traditional marks: Position marks

Yes, for position marks, the parts of the configuration which are claimed to constitute the trademark should be shown in solid lines, while the unclaimed parts (if any) should be shown in broken lines. Alternatively, the Registrar also considers it acceptable if the unclaimed parts are not in broken lines but the description of the mark makes clear that some aspects of the pictorial representation are not claimed.

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, a sample of the color (s), in the form of a graphical representation, is required to be lodged with the application. In addition, the Registrar recommends that the applicant includes on the application form a designation from an internationally recognized identification code where the color or shade exists in the coding system (e.g. Pantone®). An appropriate description should also be included in the application form to indicate whether the mark consists of the color (s) applied to the goods or their packaging or to other commercial items.

Non-traditional marks: Shape or three-dimensional marks

Yes, a shape mark should be represented by a picture(s) and words that describe the subject matter of the proposed registration as shown in the picture(s).

What are the documents and information required for filing a trademark application in your country?

Documents and information required to file a trademark application in Singapore include:

Name and address of the applicant
Representation of the trademark
Goods and services and the class(es) for which the trademark is to be registered)
Other: A declaration of the applicant's use of or intention to use the mark.

Are multi-class applications permitted in your country?

Yes, multi-class applications are permitted in Singapore. There is no maximum number of classes prescribed for each application.

Is there substantive examination of trademarks?

Yes, there are substantive examinations of trademarks in Singapore on the following grounds:

Substantive grounds
Relative grounds
Both

What are the absolute grounds for refusal?

Absolute grounds for refusal of a trademark in Singapore include:

Mark has direct reference to the character or quality of the goods or services
Mark is not distinctive
Mark consists of a geographical name
Other: Other absolute grounds of refusal include, without limitation, a sign which does not satisfy the definition of a trademark (i.e. any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade), a mark which consists of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade, a mark that is contrary to public policy or to morality, of such nature as to deceive the public, as well as a mark which was applied for in bad faith.

What are the relative grounds for refusal?

Relative grounds for refusal of a trademark in Singapore include:

There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.

What is the time period from application to registration for a straightforward trademark application in your country?

The time period from application to registration in Singapore is between 6-12 months.

Is late renewal of a trademark registration permissible in your country?

Yes, late renewal of trademark registration is permissible in Singapore. Application for late renewal must be filed within 6 months following the expiry date of the mark, accompanied by payment of late renewal fees.

Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?

No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Singapore.

Are trademark licensees required to record themselves with the Registrar?

No, trademark licensees are not required to record themselves with the Registrar in Singapore, however, it is recommended. Every person shall be deemed to have notice of a license if particulars of the license are recorded in the Singapore register. A license to use a registered trademark is binding on every successor in title to the grantor’s interest except any person who, in good faith and without any actual or constructive notice of the license, has given valuable consideration for the interest in the registered trademark.

What are the available enforcement methods in your country?

Available enforcement methods in Singapore include:

Civil enforcement
- Infringement action
- Passing off
Criminal enforcement
Border or other administrative enforcement measures

Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?

None identified.

Trademarks

Singapore

Trademarks

Singapore

Members