SINGAPORE Law and Practice Contributed by: Yvonne Tang, Lim Siau Wen and Ruby Tham, Drew & Napier LLC
marks, though in practice it may be more difficult for certain types of marks to be registered (eg, shape marks or non-conventional marks such as
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 applicant’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 corpo - rate and unincorporated bodies. There is also no requirement for a foreign applicant to be repre - sented by a local agent. However, the applicant must have a local address for service. If not, it There is no requirement for an applicant to have used its trade mark in commerce prior to reg - istration. However, there must be a bona fide intention to do so (see 4.4 Application Require- ments ). 4.6 Consideration of Prior Rights in Registration A trade mark must not be registered if any of the following relative grounds for refusal apply: • it is identical with an earlier trade mark cover - ing 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 may choose to appoint a local agent. 4.5 Use in Commerce Prior to Registration
scent marks or sound marks). 4.2 Trade Mark Register
The Registrar maintains a register of trade marks. The Intellectual Property Office of Sin - gapore provides free trade mark search tools which are available through its e-services plat - form, 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 register. The proprietor has a final six months to apply for restoration of the mark. If a registered trade mark includes the proprie - tor’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 substan - tially affect the identity of the mark. The proprie - tor 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 applica - tions are allowed. Currently, the official fees are SGD380 per class, or SGD280 per class where
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