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Trademark

Summary
  1. Legislation: The Trade Marks Act (2005 Revised Ed) (Cap. 332), Trade Marks Rules and Trade Marks (International Registration) Rules.
  2. Definition: A Trade Mark is a sign used by a person in the course of business or trade to distinguish his goods or services from those of other traders. It has to be capable of being represented graphically. It can include any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or a combination of these. It need not be visually perceptible.
  3. Criteria: For a trade mark to be registered it must be distinctive and capable of distinguishing the goods and/or services of the owner from other similar goods and/or services. Descriptive Marks, Marks ‘Common to the Trade’, marks contrary to public policy, deceptive marks or marks identical to earlier marks are all prohibited from registration.
  4. Membership: √ – Paris Convention √ – Madrid Protocol Singapore is a member of the Paris Convention from 1995, whereby applications from convention countries will be subject to the same priority date in Singapore. The application for priority has to be made within six months of the first application in a convention country.
  5. Rule of Priority: “First to Use” is the rule followed by Singapore in determining priority of trademarks.
  6. Duration and Renewal:A trademark application once registered is valid for 10 years from the date of application. It may be renewed every 10 years thereafter with payment of a renewal fee.
Procedure/Timeline
  1. Application Every applicant is required to submit an application with Intellectual Property Office of Singapore.
  2. Examination A formalities examination will be conducted by the Registry of Trade Marks following a search for specifications and prior marks. After a favourable search report is given, the application will be examined to determine whether the mark is registrable in accordance to the law.
  3. PublicationThe application will be published in the trademarks journal where interested parties may oppose the registration within two months of the publication.
  4. Opposition Third parties can oppose the application within 2 months of publication.
  5. Registration If the opposition to the registration is resolved in favour of the applicant, or if there are no opposition, the trade mark will be registered and a registration certificate will be issued.
Requirements
The following information and/or documents are required to file an application for a trademark application in Singapore:-
  1. Application Form (TM 4).
  2. Power of Attorney (TM 1).
  3. One clear print for a black-and-white mark; one (1) clear picture under JPEG format.
  4. A list of goods or services (which closely follow the Nice International Classification).
  5. The full name and address of the applicant, company, country/state of incorporation.
  6. For marks that contain non-English words, a certified transliteration and translation.
Documents
Basic Requirements
Documents Remarks Time of filing
Image/ representation of the mark Mark in the form of foreign characters has to be accompanied with transliteration in English (optional), Certified by Translator 2 months from filing
Additional Documents for Claiming Convention Priority
Documents Remarks Time of filing
Priority documents Certified copy of the basic application. Documents in any other language has to be provided with its English translation 2 months from filing
Documents for Filing a Request of Recordals of Assignments and Changes
Documents Remarks Time of filing
Copy of : Assignment deed, or Document of name change Document of address change Certified Certified Anytime after registration
Documents for Filing an Opposition or Counter-Opposition
(Deadline for Applying is during 2 Months Publication Period of the Trade Mark Application to be Opposed)
Documents Remarks Time of filing
Copy of registrations in various countries No legalization On filing date
Copy of advertisements/ brochures of the products bearing the mark No legalization; as many and as early as possible On filing date
Agents
Pintas Pte Ltd
Block 116, Jalan Bukit Merah,
#01-1655, Singapore 160116.
Fees
Filing of One (1) Trademark Application in Singapore
Items Official Fees (USD) Professional Fees (USD)
1. Search - 150
2. Filling Application 315 750
3. Issuance of Certificate - 300
Total 1515

Patent

Summary
IIn Singapore, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application.
  1. Legislation: Patent protection in Singapore is governed by the Patents Act (Cap. 221).
  2. Patentability Criteria: A patent has to fulfill the following conditions in order to claim protection.
    • it is new
    • it involves an inventive step
    • capable of industrial application
  3. Utility Innovations N/A in Singapore
  4. Membership: √ – Paris Convention √ – PCT Singapore is a member of the Paris Convention from 1995, whereby applications from convention countries will be subject to the same priority date in Singapore. The application for priority has to be made within six months of the first application in a convention country. Singapore is also a member of the PCT since 1995. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Singapore within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
  5. Rule of Priority: “First to File” is the rule followed by Singapore in determining priority of patents.
  6. Duration The term of a patent is 20 years from the date of filing subject to the payment of renewal fees.
Requirements
The following information and/or documents are required to file an application for a patent in Singapore:- Direct National Application
  1. Request for the grant of a patent (PF 1(2004)):-
    1. the name and address of the applicant;
    2. the name and address of the inventor;
    3. a specification comprising a description, claims and any necessary drawings; and
    4. the country and filing particulars of basic application whose priority is claimed.
  2. Appointment of Patent Agent (PF 41)
  3. A statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment (PF 8).
  4. There is no requirement for the filing of an assignment from inventor to applicant.
PCT National Phase Application
  1. Form 37;
  2. A copy of the PCT application in English language ( i.e. request form PCT/RO/101);
  3. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
  4. One copy of the PCT specification as originally filed (in or translated to English);
  5. One copy of any amendments filed in the international phase (in or translated to English);
  6. An Appointment of Agent form signed by the applicant; and
  7. A statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment (PF 8).
Procedure/Timeline
  1. Application: Every applicant is required to submit an application to the registrar of patents within 12 months of priority date.
  2. Publication: The application will be published after 18 months after the date of filing of the application.
  3. Examination:
  4. There are two ways of examination:

    • Option 1: Request For Local Search and Examination (Non-PCT) within 36 months from the priority date.
    • Options 2: Request For Modified Examination within 54 months from the priority date. If option 2 is followed, the applicant shall submit prescribed information on the foreign corresponding application, with a claim correspondence table under a supplementary examination process. The Applicants can respond to negative examination reports and supplementary examination reports within 2 months from the date of receipt of Notice of Intention to Refuse.
  5. Registration Upon receiving Notice of Eligibility to Proceed to Grant from the Patent Registrar, the Applicants can submit a Request for Grant within 2 months. On grant, a certificate of grant would be issued, and this fact and date of grant will be published in the Patents Journal.
Agents
Pintas Pte Ltd
Block 116, Jalan Bukit Merah,
#01-1655, Singapore 160116.
Documents
Basic Requirements
Documents Remarks Time of filing
Patent specification, claims and abstract in English No legalization requirement On filing date
Drawings (if any) On filing date
Additional Documents for Convention Patent Application
Documents Remarks Time of filing
Priority documents Certified copy of the basic patent application Within 2 months after filing
Appointment of Agent (PF41) - Within 2 months after filing
Additional Documents for Entry of PCT National Phase in Singapore
Documents Time of filing
International Preliminary Report on Patentability based on International Preliminary Search Report (Chapter 1); or On filing date
International Preliminary Report on Patentability based on International Preliminary Examination Report (Chapter II) On filing date
Fees
Patent Application
Items Official Fees (USD) Professional Fees (USD)
1. Filing Patent Application 150 945
2. Priority Document - 255
3. Request For Local Search and Examination 2170 1050
4. Relying on Supplementary Examination - 1050
5. Office Action - 510
6. Issuance Fee -Each claims in excess of 25 claims 170 20 570
Maintenance Fees
Items Official Fees (USD) Professional Fees (USD)
5th to 7th year (each year) 140 213
8th to 10th year (each year) 230 213
11th to 13th year (each year) 300 213
14th to 16th year (each year) 380 315
17th to 19th year (each year) 460 375
20th year 550 375

Industrial Design

Summary
  1. Legislation: Registered Designs Act (Chapter 266).
  2. Definition: A Design refers to the features of shape, configuration, pattern or ornament applied to an article by an industrial process. It is the appearance of articles we see everyday. An article refers to any object to which the design is applied.
  3. Criteria: Registered Designs are used primarily to protect designs for industrial use. Designs can be two-dimensional or three-dimensional and can be applied to everyday items. To qualify for registration, a design must, in general, satisfy two key criteria: New: It has not been registered in Singapore and elsewhere; or published anywhere in the world before the date of application of the first filing. Thus the owner of a design should be careful not to disclose the design to anyone, until a design registration is filed. Industrial Process: A Registered Design applied to an article must be capable of an industrial process i.e. more than 50 copies of the article have been or are intended to be produced for sale or hire. Under the Registered Designs law in Singapore, the following cannot be registered: - Designs that are contrary to the public policy or morality. - Computer programs or layout-designs of integrated circuits. - Designs applied to certain articles: Works of sculpture (other than casts used or intended for use as models or patterns to be multiplied by any industrial process); wall plaques, medals and medallions; and printed matter primarily of a literary or artistic character (including book jackets, calendars, certificates, coupons, dress-making patterns, greeting cards, labels, leaflets, maps, plans, playing cards, postcards, stamps, trade advertisements, trade forms and cards, transfers and similar articles). - Any method or principle of construction. - Designs that are solely functional. - Designs that are dependent upon the appearance of another article, of which it is intended by the designer to form an integral part; or enable the article to be connected to, or placed in, around or against, another article so that either article may perform its function.
  4. Rule of Priority: The design registration system in Singapore operates on a first-to-file basis. In other words, the first person to file for application will, in general, have priority over others.
  5. Duration and Renewal: A Registered Design can last for an initial period of 5 years. Thereafter, the registration may be renewed every 5 years up to a maximum of 15 years, subject to the payment of renewal fees.
Requirements
The following information and/or documents are required to file an application for an industrial design application in Singapore:-
  1. Form D5
    1. Full name, address and state of incorporation/nationality of the applicant.
    2. Name of article and statement of novelty; and details of any priority claim i.e. at least the country and filing date.
    3. International Design Classification; serial number of the priority application.
    4. Full name and address of the author.
    5. Information on how the applicant has derived the right to the design from the author (normally by way of assignment, employment or other agreement);
  2. Appointment of Agent Form (Form D2) signed by the applicant.
  3. Six sets of representations of the design (drawings or photographs).
  4. Priority documents and certified English translation (if necessary) of the priority document.
Procedure/Timeline
  1. Application Every design application has to be filed with the Intellectual Property of Singapore.
  2. Examination A formalities examination will be conducted after the issuance of a filing date to ensure formalities as to the size, quality of the representation and classification are met.
  3. Objections If there are any amendments or deficiencies spotted in the formalities examination, the examiners will notify the applicant and the applicant would have to correct this non-compliance within a given period.
  4. Registration Once an application is in order, a registration certificate will be issued and the application will be published in the Designs Journal. Once published, the published designs are made available for public inspection. It takes about 2 to 3 months from the submission of the application to the successful registration of a design.
Agents
Pintas Pte Ltd
Block 116, Jalan Bukit Merah,
#01-1655, Singapore 160116.
Documents
Basic Requirements
Documents Remarks Time of filing
Appointment of Agent (Form ID 2) no legalization/ notarization requirement On filing date
Description of Design to be translated to English On filing date
Drawings/Photographs - On filing date
Additional Documents for Claiming Convention Priority
Documents Remarks Time of filing
Priority documents to be translated to English 2 months from filing
Fees
Application Fees
Items Official Fees (USD) Professional Fees (USD)
1. Filing Application (register one design excluding costs of preparing representations 240 690
2. Receiving, checking and forwarding Certificate of Registration - 315
Total 240 1005
Maintenance Fees
Items Official Fees (USD) Professional Fees (USD)
For the first period of 5 year 190 420
For the second period of 5 years 290 420
For the third period of 5 years 380 500
For the fourth period of 5 years 480 500