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1.
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Is my trade mark registrable?
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Your trade mark is a marketing tool and your trade mark must distinguish your goods or services from others in the relevant industry. You should avoid applying for trade marks that (i) denote the kind, quality, quantity, intended purpose, value, the time of production of goods or of rendering of services (ii) consist of common surnames or geographical names, (iii) conflict with an earlier trade mark (you are advised to conduct a similar mark search via eTrademarks, or (iv) mislead the public about the nature of the goods or services.
In the event that objections are raised against your application in relation to the above, you may overcome the objections by furnishing substantial evidence of use. For more information on providing evidence of use, please refer to FAQ Question 15 under Application in Singapore "I have been asked by the Registrar to provide evidence of use of my trade mark by way of statutory declaration. What is a statutory declaration and how should the evidence be presented?"
You may refer to our work manual for a more comprehensive understanding of marks that are not registrable.
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2.
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Can the Registry of Trade Marks advise me if my trade mark is registrable?
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The Registry of Trade Marks does not give any legal advice to applicants on any subject and that includes the registrability of your trade mark. If you have any difficulty ascertaining the registrability of your trade mark or other legal requirements, you should consider seeking professional advice from a trade mark agent/lawyer.
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3.
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When can I use the ® symbol?
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You can use the ® symbol after the status of your mark has been updated as "Registered". To check the status of your mark, please use our Online Trade Marks Search (Select "Mark Detailed Information" for Mark Browsing Option).
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4.
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What is a trade mark?
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A trade mark can be any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or any combinations thereof, used in the course of trade to distinguish one's goods or services from those of others.
A registered trade mark gives you the legal right to use, license or sell it within Singapore for the goods and services for which it is registered.
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5.
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I have not started to use my mark but I intend to use it to market my goods. Should I register my mark?
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If you intend to use the mark for a product or service, you should take steps to protect it, even if you have not used it. By registering your mark with IPOS, you will be protected under the Trade Marks Act (Cap. 332) in Singapore. However, do bear in mind that non-use of a mark may result in a registered mark being revoked.
For a mark that is not registered, upon use of the trade mark and the establishment of goodwill in the marketplace, you may rely on the common law action of passing off to protect your mark.
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