Trade marks are governed by the Trade Marks Act, Cap. 332 (TMA).

Section 2(1) TMA defines a trade mark as a visually perceptible sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person.

Any person can apply to register a trade mark in the prescribed manner to the Intellectual Property of Singapore (“IPOS”).

Goods and services are classified for the purpose of the registration of trade marks. A list of the classification (different classes) is attached.

Procedures
To register for a mark with IPOS, the following are required:

1. The particulars (eg name, address) of the applicant, and if the applicant is a corporation, the country of incorporation.
    
2. The mark(s) to be registered.
    
3. If the mark consists of a word or words in a foreign language, the meaning of the non-English words together with a certified English translation.  A sample form of the certification on the translation by the translator is attached.  The certified English translation is to be submitted with the application.
    
4. If the mark consists of a word or words in the English language, the derivation of the mark (if any) or whether it is invented.
    
5. A written description of any device appearing in the mark to assist in the examination procedure.
   
   An indication as to whether any of the following features are claimed as part of the mark:
   
   (a)     3-dimensional shape
   (b)     aspect of packaging
   (c)     colour(s) as a trade mark
   
   and a written description of the claim in relation to each particular feature.
   
   Note:
   Any claim(s) on the above feature(s) would mean that the feature(s) claimed is the distinctive element(s) of the mark. The mark would then be examined on the feature(s) alone.  If so, documentary evidence must be produced/submitted through sales records of the past 5 years to show that your clients associate the feature(s) in question with your goods/services.
   
   If it is not your intention to claim the feature(s) as a mark, it would mean that you are limiting the feature(s) you wish to use for your mark.
    
6. If the mark is in colour, to specify the colour(s) to be claimed.
   
   Note:
   Claiming colour(s) as a trade mark is different from limiting the colour(s) for the mark.  If you are claiming colour(s) as a trade mark, it would mean that the colour(s) and not the shape, design or word(s) used in the mark is the distinctive element(s) of the mark.  The mark will then be examined on the colour(s) alone.  If so, documentary evidence must be produced/submitted through sales records of the past 5 years to show that your clients associate the colour(s) in question with your goods.
   
   If it is not your intention to claim the colour(s) as a mark, it would mean that you are limiting the colour(s) you wish to use for your mark.
   
   Generally, the colour limitation clause accompanying the registration of the mark will read as “The mark is limited to the colour(s) [colour code] as shown in the representation on the form of application”.
    
7. 8 colour prints if the mark is in colour.
    
8. An indication as to whether any disclaimers are to be entered from the outset.
    
9. The class(es) in which protection of the goods/services is sought and a description of the goods/services claimed.  A list of classes of the goods/services is attached. 
   
   Note:
   Acronyms and abbreviations are not acceptable, including words like “etc” which is deemed too vague and not acceptable either.
    
10. Where priority is claimed, to provide us the information on the country of priority and the date of priority.  At the same time, please provide us with a photocopy of the priority document, together with an English translation of the specification of goods/services if the priority document is not in English.
    
    Note:
    A priority date claimed must be within 6 months of the new national application.

Timeframe
Once the application has been filed, the Registry will issue the filing particulars in 2-3 weeks’ time.  The application will then be examined by the Registrar to determine if the mark is inherently registrable and whether it conflicts with other marks on records.

The first official action is normally issued approximately 2-4 months from the date of application.  If no objections are encountered, the application will proceed for advertisement for opposition purpose.

If no opposition is encountered, the Certificate of Registration is issued.  On average, it may takes about 6-8 months from the date of filing to obtain a registration in Singapore, assuming no serious registrability objections or other difficulties are encountered.

Registration Period
A registered trade mark is valid for 10 years from the date of application.  Thereafter, the mark may be renewed every 10 years.