Summary

Well-known Marks
 
In line with Singapore’s obligations under TRIPS and the Paris Convention, proprietors of marks which are well-known in Singapore have been given the right to take out an injunction against unauthorized use of their mark whether or not they have registered or applied to register the trademark in Singapore and whether or not they actually carry on business in Singapore.

The scope of protection extends to similar marks, dissimilar goods, use as a business identifier and, if the proprietor’s trade mark is well known to the Singaporean public at large, dilution of the distinctive character of the well-known mark.

However, registration is still recommended to avoid the need to prove that a trademark is well-known in Singapore as well as to guard against risk that the local distributor will over time become more associated with the trademark instead of the foreign proprietor.  Further, damages and/or account of profits may be awarded in an action for infringement.  Record on the register will also serve as notice of trademark rights to those in Singapore who may not be familiar with the relevant trade or market in which the trademark is used.

Procedure for Trademark Application

To apply for trademark registration in Singapore, an application for such registration is filed for each representation of the mark in question.

Each application for one representation of mark may either be filed to cover one class or more than one class, the latter being a multi-class application.

Following the filing of each application for trademark registration, the Registry of Trade Marks (ROTM) typically takes about 2 weeks to assign and issue its notification of the official trademark application number by way of its acknowledgement letter, after our receipt of which we will notify you of the same. 
Following the filing of the application, the process that an application goes through is as follows:

- The examination process, which entails the issuance of one or more examination reports by the ROTM and which we would have to respond to by way of filing submissions to overcome any objections or address any directions given on the application.

- An assumption that all objections may be overcome, the application would then be accepted for publication in the Trade Marks Journal, following which a third party may commence opposition proceedings against the application within a period of 2 months from the date of publication (subject to the possibility of an extension of such period for an additional 2 months).

- If a third party commences opposition proceedings, then the mark will not proceed to registration - instead, the opposition proceedings would then need to be defended separately, at the conclusion of which

(i) If the opponent succeeds, then the application will not be granted; or

(ii) If the opposition fails, then the application will proceed to registration;

- In the absence of any opposition proceedings (or following the conclusion of unsuccessful opposition against the application), the certificate of registration will be issued and the mark will be registered for a period 10 years from the date of filing of the application.

Although the time frame for the above process varies from case to case and depends on several factors such as the difficulty of the mark in question and the volume of applications pending before the assigned examiner, etc., it is possible to say that on the average, such time frame for the examination of the application until final registration if granted, takes about 12 to 18 months.


 

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TAGI-UNI Building 104 Mecca Street, Um-Uthaina, Amman, Jordan

P.O. Box: 921100, Amman 11192, Jordan
Telephone: (00 962-6) 5 100 900
Fax: (00 962-6) 5 100 901
Email: asia@agip.com
Contact: Diala Al Masri (Ms.)