Under current practice, an applicant may file a divisional application at any time before the grant of the parent application.
No. Under current practice, an applicant may authorise a registered Patent Agent to file a Singapore national phase entry on their behalf without the need to file a Power of Attorney.
Under current practice, an applicant may file a Singapore national phase entry of a PCT application after the 30th month due date, along with a request for extension of time and payment of a corresponding late fee up to 18 months from the expiry of the stipulated date. No action is required on the part of the applicant prior to the expiry of the due date.
What are the requirements and timings to file PPH (Patent Prosecution Highway) for accelerated examination in Singapore?
The request for accelerated examination via PPH should be filed along with the request for Substantive Examination. The Request for Substantive Examination (RSE) must be filed within thirty-six (36) months from the earliest claimed priority date.
• Both the Singapore application for which acceleration is requested and the foreign application forming the basis of the PPH request must be a related national phase application, a corresponding application or a corresponding international application.
In general, the applicant is required to submit the following documents when filing a request for PPH:
Generally, none. The necessary forms will be prepared at our end and no Power of Attorney is required. In most cases we just need a clear representation of the mark, a description of the intended goods or services, and the applicant’s name, address, and nationality.
Would it be possible to file an opposition against registration of a confusingly similar mark even though I do not have an earlier trade mark application/registration in Singapore?
It may be possible to rely on an unregistered mark where that mark is well known to consumers in Singapore or where there has been earlier use of that mark in Singapore.
In exceptional cases, it may be possible to argue that the applicant has filed its application in bad faith.
Please contact us for advice specific to your case.
Is it necessary for me to have physical presence in Singapore in order to ensure that my trade mark registration is not vulnerable to non-use revocation?
Courts in Singapore have generally adopted the position that it is not necessary for a foreign trader to have a brick and mortar store in Singapore.
Use of the mark on the internet may be sufficient, provided active steps have been taken to offer or advertise the goods or services to consumers in Singapore. It is not enough that a website is merely accessible from Singapore. Further, the goods or services must actually be available to Singapore-based consumers.