Singapore
Legal Basis | Trade Marks Act (Cap. 332, Revised Edition 2005) (Amended as of 10th June 2016)
Trade Marks (Composition of Offences) Regulations (Cap. 332, RG 1) Trade Marks Rules (Cap. 332, R 1) Trade Marks (Border Enforcement Measures) Rules (Cap. 332, R 2) Trade Marks (International Registration) Rules (Cap. 332, R 3) Application of Section 75 to Foreign States (Cap. 332, N 2) Trade Marks (Application of Section 75 to Foreign States) Notification (Cap. 332, N 3) |
Major international treaties signed |
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Costs of registering a trademark | Please contact us at singapore@mirandah.com |
Average time to register a trademark | 6 to 8 months |
Official language for trademark prosecution | English |
Registrable marks | Any sign (including any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or any combination thereof) capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person |
Filing and prosecution procedures | Stage 1: Filing Stage 2: Examination Stage 3: Publication Stage 4: Opposition (if any) Stage 5: Registration Stage 6: Renewal |
Number of classes | 45 (10th Edition of the Nice Classification) |
Multiple class filing | Available |
Filing of series marks | Available |
Necessary document for filing | None |
Common objections | Descriptiveness Non-distinctiveness Prior conflicting rights |
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 |
Parallel Imports | Available |
Minimum period of use to avoid non-use cancellation action | 5 years of continuous use from the date of completion of registration formatlities, or from the date of last use. |
Useful links | Trademark Agents and Attorneys in Singapore www.ipos.gov.sg |
Infringement offence | Available |
Specialised courts for IP | Not available. Be that as it may, the knowledge and competence level of the IP Registry and the specialist IP judges of the Supreme Court are extremely high. |
Outline of the enforcement steps | Infringement 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 sustained by the threats |
Declaration of non-infringement | Available |
Preliminary injunctions | Available |
Time frame for various legal actions | Approximately 12 months (subject to the factual matrix of the case) |
Alternative dispute resolution | Mediation Arbitration |
Availability of damages and other relief for infringement | As per below |
Civil Remedies | Injunction Damages Account of profits |
Criminal Sanctions | Trade Description Order Monetary fines or imprisonment or bothBorder Measure Prohibition of importation; seizure; detention; forfeiture of counterfeit trademark goods |