In this connection, while search professionals at the trade mark registry provide initial consultation and guidance on what and how to file, a qualified Trade Marks Attorney is best able to provide specialist strategic support and advisory services to those concerned with protecting their trademarks as rightful owners. The firm’s trade mark consultancy arm has, for more than 10 years, worked with companies, assisting them and providing guidance on registering the trademarks of owners. Whether companies have only filed for just the first trademark application or, as is often the case, numerous applications in several key jurisdictions around the world. If you’re looking for a firm that specializes in trademark registration, contact our team.
An unregistered trademark may sometimes be safeguarded by the common law tort of passing off, whereby the reputation and goodwill of traders are protected from unfair competition. However, it may be difficult and expensive to establish and enforce the rights of unregistered marks, without the benefits of the evidence of right given by statutory registration. Consequently, in Singapore, registration of a mark is a prerequisite to obtaining enforcement rights under the Trade Marks Act. With Singapore’s burgeoning role as a hub in the global economy, foreign companies should consider registering their marks in Singapore. Only then can the full synergy and scope of their asset base be enhanced, allowing the owners greater levels of enforcement of proprietary and monopoly rights and commercial exploitation.
Understanding Trademarks
At the most basic level, a trademark’s role is to serve as an exclusive identifier of the origin of a particular product or service. By allowing consumers to recognize a brand, the trademark also creates an increased level of accountability and ensures a consistent level of quality for products or services associated with the brand. In some cases, companies and individuals may have the same or similar company name or the name of an individual in the company, particularly for the trading name of a business. On the other hand, the name and/or logo used to brand the products and/or services connected with the business is different. It is enlightening to learn that these are 2 separate entities and that the latter has to be registered as a trademark to be legally protected.
A trademark is a brand name. Many businesses believe that by using a name, style, design or logo, they have established a trademark. Unfortunately, unless this mark is formally registered, they have no legal protection for that trademark. Once a trademark is registered, it is protected by law. If a business wants to enforce its rights as the owner of a particular trademark, it can take legal action against anyone who uses the mark without its permission. This protection comes in handy, especially if your trademark is a key differentiator of your product or service from that of your competitors. Trademark applications need to be filed with the respective IP office depending on the territories where the applicant wishes to seek protection in. Each main IP office has a standard set of goods and services classified for trademark registration and applicants can use these classifications to register a trademark as a unique identifier that commercializes products or services of the business. We offer trademark registration service for businesses of all sizes.
Definition and Importance
Our team is well-equipped to handle trademark registration Singapore concerns. Â Customers recognize a trademark, and the goodwill resulting from the consumer’s buying experience can be associated with the trademark owner, instead of remembering the particular product’s features or underlying source. A trademark owner can continue to improve goodwill by promoting consistent reliable quality to the customers. Trademarks thus promote a business’s uniqueness, allow consumers to distinguish one product from another, and protect commercial interest in the marketplace.
Trademarks enable businesses to effectively market their goods and services. Trademark owners can exclude others from using confusingly similar marks for similar goods or services, which helps prevent consumer confusion and unfair competition. Conducting business can be a costly and elaborate process, and it depends hugely on the amount of exposure to potential consumers.
A unique and distinctive trademark allows the owner to reserve a particular value or shelf presence for their goods and services in the marketplace. Given the crowded marketplace and short attention spans of today’s consumers, trademarks play a key role in product identification and promotion.
A trademark, sometimes called a brand, service mark, or trade mark, is a word, symbol, design, or a combination thereof that identifies the source of a good or a service and provides the owner with statutory protection. The most common form of a trademark is a name or logo. However, anything used in trade to indicate the source of the good or service may be considered a trademark in today’s marketplace.
Trademark Registration Process
A good strategy to protect these properties is to apply for trademark registrations for the marks in all the territories that you are interested in dish-marketing, manufacturing, and/or doing business in, and renew and enforce the marks so as to avoid non-use attrition and protect the business against dilution by others.
Your brand essentially consists not only of your trademark, but your trade name, company name, domain, and social media properties. The idea is typically that you want to make sure that you protect your brand elements in markets that you are interested in operating in, and you need to ensure that nobody uses the same or similar trademark for similar goods without your permission. Moreover, brand owners often license out the use of their trademarks.
Before you begin your trademark filing, you should consider what your brand properties are, how to protect them, and why you should go through the entire process. Is your trademark unique enough to enjoy protection? What type of trademark do you need or want? Why should you go through the trouble to obtain trademark registration for a mark that you may have common law rights to? These are all questions you should ask yourself.
Application Process
Upon completion of the application process and payment of the prescribed fee, IPOS acknowledges receipt of the application by providing you with an application number and date. In the event that additional information is needed or there is an issue with the trademark application, IPOS will issue office actions to detail out what needs to be addressed.
Benefits of Trademark Registration
Registration offers a degree of public notice of the registrant’s claim of ownership. After registration, the right is published for all to see in the records of the registered trademarks. Current or potential infringers that engage in clearance and/or watch services will also become aware of the registrant’s rights. With every trademark application, the registration benefits grow stronger. Currently, the rights may not have been publicized in a general sense and infringers may still be using the trademark in ignorance. Trademark registration affords significant advantages so much that the potential risks and expenses should be evaluated for all businesses, regardless of their size. Some of the benefits of trademark registration include:
Trademarks are valuable business assets that every business owner should have in mind. With the ever-growing abundance of goods and services, trademarks aid consumers functionally and psychologically in differentiating source and quality. Many new businesses are willing to spend a fortune in promoting their trademark, progressively building up goodwill and reputation through marketing. However, more often than not, they overlook an essential step in guaranteeing that they have exclusive rights to use the trademark on a particular range of goods or services – registration. Unregistered trademarks are only capable of giving a business owner a mere right of action for passing off, a very costly and uncertain course of action.
Choosing a Trademark Registration Service Provider
To select a new trademark registration agent for the first time or to find a really good local agent, brand owners will most likely choose from among the thousands of registered patent/trademark law firms and large companies in Singapore. A popular name carried by an agent is not necessarily the best; otherwise, Nike would not have lost the case against a humble little restaurant in Taiwan. Before approaching an agent, the brand owner may wish to perform a survey first so that he can save the trouble of later having to switch to another agent.
Despite the potential change, it is still advisable for brand owners to work with a reliable local trademark agent to ensure that their registrations proceed smoothly. Trademark registration agents specialize in this type of trademark work, making them the obvious choice for clients who are unfamiliar with the process and its various nuances.
According to the Singapore Trademark Act, an individual who wishes to apply for trademark registration in Singapore must engage a registered trademark agent to complete the application. However, this requirement will soon be abolished, and any entity will be able to apply directly for a trademark registration in Singapore only if it has a link to Singapore or is an entity, or if it is intending to occupy or has occupied a strata unit in a building or part of a building and the services indicated are provided in relation to a service that is a common infrastructure or service within the plan.
The ability to build, protect, and maintain a strong brand is integral and critical for any business. A strong trademark, in distinction, will help protect and prevent your brand from being diluted and eroded away by competitors who engage in unlawful conduct to confuse and pass off their goods or services associated with your brand. A trademark registration in Singapore is as easy as using or intending to use a trademark in Singapore, with the payment of an official fee and instructing us to file an application. We hope this guide provides our business owners with the knowledge and awareness of the importance of protecting your brand and inspires you to take concrete steps to protect and grow your business to the next level.
