SINGAPORE Law and Practice Contributed by: Yvonne Tang, Lim Siau Wen and Ruby Tham, Drew & Napier LLC
its e-services platform, IPOS Digital Hub. Prior to filing a new trade mark application, trade mark clearance searches are commonly conducted to ensure that there are no earlier conflicting marks in the register. 4.3 Term of Registration A trade mark is registered for a period of ten years from the date of registration. It may be renewed for further periods of ten years. If the registration is not renewed by its expiry date, a late renewal application may be made within six months after the expiry date. If the registration is still not renewed within such time, the Registrar will remove the trade mark from the reg - ister. The proprietor has a final six months to apply for restoration of the mark. If a registered trade mark includes the proprietor’s name or address, the Registrar may allow a request to alter the mark limited to alteration of that name or address, which must not substantially affect the identity of the mark. The proprietor may also apply to cancel the registration in respect of some (or all) of its goods/services. 4.4 Application Requirements An application for registration of a trade mark must be made in Form TM 4. Multi-class applications are allowed. Currently, the official fees are SGD410 per class, or SGD280 per class where all goods/services descriptions in that class are pre-approved by the Registry. The application must contain: • a request for registration of a mark; • the applicant’s name and address; • a clear representation of the mark; • the goods/services to be covered by the mark; and • a statement that the mark is being used in the course of trade, by the applicant or with the appli - cant’s consent, in relation to those goods/services, or that the applicant has a bona fide intention that the mark should be so used. Anyone may apply for a trade mark. This can include, for example, individuals, bodies corporate and unin - corporated bodies. There is also no requirement for a
foreign applicant to be represented by a local agent. However, the applicant must have a local address for service. If not, it may choose to appoint a local agent. 4.5 Use in Commerce Prior to Registration There is no requirement for an applicant to have used its trade mark in commerce prior to registration. How - ever, there must be a bona fide intention to do so (see 4.4 Application Requirements ). 4.6 Consideration of Prior Rights in Registration A trade mark must not be registered if any of the fol - lowing relative grounds for refusal apply: • it is identical with an earlier trade mark covering identical goods or services; • there exists a likelihood of confusion on the part of the public because that trade mark is identical with/similar to an earlier trade mark covering identi - cal/similar goods or services (if there is double identity, see the ground above instead); • it contravenes the protection given to well-known marks in Singapore under the Trade Marks Act; or • its use is liable to be prevented by the law of pass - ing off or some other earlier right such as copy - right. The Registrar will consider the existence of prior rights during examination. They must raise an objection if they consider there to be conflicting prior rights. The applicant will have an opportunity to respond within four months of the Registrar’s examination report. It may do so by making representations in writing, applying for a hearing, applying to amend the applica - tion, or furnishing additional information or evidence. If the applicant fails to respond, the application will be treated as withdrawn. In practice, most objections citing prior rights are based on earlier marks in the register. To overcome such an objection, an applicant can lodge a letter from the owner of the earlier mark consenting to reg - istration. In general, the consent letter must provide unequivocal consent and clearly state the particulars of the trade mark application, including the goods/ services to which consent is given. The Registrar may
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