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Trademark System in Singapore |
The island city-state of Singapore is situated off the southern tip of the Malay Peninsula, with a current population of 4.7 million. Singapore is ranked third place out of 133 in the global competitiveness survey conducted by the World Economic Forum for the period of 2009-2010. According to the CIA World Factbook, Singapore ranked eighth in the world with a GDP per capita of US$62,100 for year 2010. Singapore has excellent infrastructure for protection and enforcement of Intellectual Property Rights (IPR). The nation is ranked tenth in the world (third in Asia Pacific) for IPR enforcement based on the Taylor Wessing Global Intellectual Property Index 2009.
| Legal basis |
Trade Marks Act 1998 effective 24 December, 1998
Trade Marks Act (Chapter 332) 1999 Rev Edition effective 15 January, 1999
Trade Marks Act 2005 Rev Edition
Trade Marks (Amendment) Act, 2004 effective 1 July, 2004
Trade Marks (Amendment) Act, 2007 effective 2 July, 2007
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| Major international treaties signed |
Paris Convention effective 23 February 1995
Madrid Protocol effective 31 October 2000
Nice Agreement effective 18 March 1999
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
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| Cost of obtaining a trademark |
Please contact us at singapore@mirandah.com
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| Average time to register a trademark |
6 to 8 months |
| Official language for trademark prosecution |
English |
| Registrable marks |
All distinctive and graphically representable signs, such as words, names, acronyms, letters, numerals, devices, shapes, colors, brands, labels, signatures, aspects of packaging or any combination thereof |
| Filing and prosecution procedures |
Stage 1: Filing
Stage 2: Examination
Stage 3: Advertisement
Stage 4: Opposition (if any)
Stage 5: Registration
Stage 6: Renewal
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| Number of classes |
45 (Nice Classification (8th Edition)) |
| Multiple class filing |
Available |
| Filing of series marks |
Available |
| Necessary document for filing |
None |
| Common objections |
Descriptiveness
Non-distinctiveness
Prior conflicting rights
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| Extension of office action deadlines |
Available |
| Opposition term |
2 months (extendible) |
| Term of trademark protection |
10 years (renewable) |
| Restoration of lapsed trade mark |
Within 6 months from the date of the removal of the trademark from the register |
| Parallel Imports |
Available |
| Minimum period of use to avoid non-use cancellation action |
5 years (continuous) |
| Useful links |
Trademark Agents and Attorneys in Singapore
www.ipos.gov.sg |
| Infringement offence |
Available |
| Specialized courts for IP |
Not available |
Outline of the
enforcement steps |
Civil
Infringement pursuant to the Trade Marks Act 1998
Passing-off |
| Relief against groundless threats |
A declaration that the threats are unjustifiable
An injunction against the continuance of the threats
Damages in respect of any loss he has sustained by the threats
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| Declaration of non-infringement |
Available |
| Preliminary injunctions |
Available |
| Time frame for various legal actions |
12 months |
| Alternative dispute resolution |
Mediation
Arbitration
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| Availability of damages and other relief for infringement |
As per below |
| Civil Remedies |
Injunction
Damages
Account of profits
Statutory damages
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| Criminal Sanctions |
Trade Description Order
Monetary fines or imprisonment or both
Border Measure
Prohibition of importation; seizure; detention; forfeiture of counterfeit trademark goods |
Statistics on Application and Registeration of Trade Marks from 2000 to 2009
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Domestic
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Foreign
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Total
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Domestic
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Foreign
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Total
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|
2000
|
516
|
7204
|
7720
|
104
|
4984
|
5088
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|
2001
|
523
|
7610
|
8133
|
173
|
7045
|
7218
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|
2002
|
624
|
7446
|
8070
|
246
|
7338
|
7584
|
|
2003
|
626
|
7282
|
7908
|
175
|
4160
|
4335
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2004
|
641
|
7310
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7951
|
397
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5580
|
5977
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|
2005
|
572
|
8033
|
8605
|
557
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7120
|
7677
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2006
|
626
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8538
|
9164
|
430
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6960
|
7390
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2007
|
729
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9226
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9955
|
474
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7004
|
7478
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2008
|
808
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8884
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9692
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512
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5774
|
6286
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2009
|
6048
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22214
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28262
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5144
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23981
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29125
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(Source: Intellectual Property Office of Singapore)
Disclaimer: The information provided on this website is intended to serve as a general guideline and is not intended as legal advice. Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness and accuracy with respect of the website or the information. Please contact us for further information.
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