How to Protect Your Trademark

A registered mark is a graphical representation of the company’s logo or name that distinguishes its products and/or services from others. Like most type of intellectual property, it can be protected by the national laws in Singapore where the trademark registration has been approved.

Having a brand name registry is different from having just an unregistered logo or name. Any business can create the latter, but other entrepreneurs can take advantage of the reputation and make a similar brand to confuse your customers.

Registration Process
The solution for avoiding infringement, if you accidentally copy a logo, and being taken advantage by copycats is to register trademark or to apply for exclusive rights to use your trade name. Since intellectual property is territorial in nature, it means that you should apply for copyright registration at the country or other territories outside Singapore where you wish to have your brand protected. There is a slight difference in the national and international registration process, but these are the basic trademark application steps:

1. First, create a TM that can be graphically represented and distinguishable from other existing trademarks. Submit this along with the name of the owner, complete address, list of goods and/services represented by the trademark, classification of the goods and/services included in the list, declaration of intent to use trademark, and payment for the application fee based on the class of goods and/or services.

2. IPOS, the bureau that will handle all cases involving IP, will examine the application. If there is a missing document or if the trademark cannot be registered, the applicant will be given time to amend or complete the application. If the owner needs to amend the application, the following are required: amendment form, amendment fee, and payment for service bureau charges. The trademark will be compared through a trade mark search to look for similar brands or logos.

3. Next, the trademark will then be published on the Trade Marks journal so that the public can scrutinize it. The public is given two months to file an opposition to the application. If there is a contesting party, a proceeding will be scheduled.

4. If there are no objections to the trademark application, the owner will then receive a registration certificate from IPOS. This registration grants the owner and the brand protection of the laws for the next 10 years. As for the business mark renewal process, you can still renew trademark in Singapore after expiration.

5. Once the trademark has been registered and approved in the country of origin, the owner can now apply for international registration through the Madrid Protocol. It will also undergo examination and publication in the designated countries before it can be granted protection.

Rights and Protection
The time, effort, and cost of filing a trademark are less than having to pay for damages or pursuing an infringement case against a copycat without having proof that you’re the original owner. Not to mention the delays and loss of sales that it will cost your business. Below is a list of rights that will help you understand further the benefits of trademark registration.

1. The owner has the exclusive right to use and profit from the trademark
2. Authorized parties may be able to enjoy exclusive rights and profits of the trademark if they have been assigned or licensed by the owner
3. Enjoy laws that protect your brand from copycats
4. The owner has the right to obtain relief if the trademark is copied
5. The burden of proof will no longer be on the owner during an infringement claim
6. Laws also protect instances of infringement of goods registered under the trademark