Trademark, Copyright and Patent Registration Guide
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This document is a guide on trademark, copyright, and patent registration in Singapore, detailing the benefits of registering trademarks and the requirements for patent applications. It outlines the significance of trademarks in distinguishing goods and services and highlights the advantages of registration, including exclusive usage rights and tax benefits. Additionally, the document provides an overview of the trademark registration process and the necessary components for patent applications.
Trademark, Copyright and Patent Registration Guide
- 1. TRADEMARK, COPYRIGHT AND PATENT REGISTRATION GUIDE The Singapore PIC Grant covers a minimum of 60% of the cost of Trademark Registration
- 2. Copyright © 2014 Rikvin Pte LtdLast Updated on February 21, 2014 WHAT IS A TRADEMARK? A trademark is a letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, color, aspect of packaging or a combination of these, which is used in the course of a business or trade to distinguish a person’s goods or services from those of others. Over a period of time trademarks also gain a strong recall value. See how many brands can you recall just by looking at the trademark. IDENTIFYING TRADEMARKS Commonly-usedsymbolstoidentifyatrademarkare®andTM .Thetwosymbolshavedifferentindications. • ® refers to a registered and therefore protected trademark pursuant to trademark laws. • TM is merely a symbol used to identify that the mark is being used as a trademark by the owner. It however does not denote that the mark is registered and protected under trademark laws.
- 3. Copyright © 2014 Rikvin Pte LtdLast Updated on February 21, 2014 Although it is not compulsory to register a trademark for your goods and services, a trademark gives you, the owner, the rights that enable you to • control the use of the sign and prevent any potential misuse • add value to the goods or services provided • create a strong brand recognition and brand recall by continuous usage However, if a mark is not registered, you can only rely on the common law remedies against imitation and infringement. Availing and enforcing such remedies are not only time consuming, but also very expensive and can affect the smooth operations of your business. Therefore it is highly recommended that you register your trademark to avoid future problems. A trademark grants the owner of the mark statutory right to use and exploit the mark in the jurisdiction of its registration and certain priorities and advantages in registering the trademark in other jurisdictions. Some of the key benefits include: • Right to exclusive usage of the mark • Barring others from copying it • Benefiting from the increasing market value of the mark • Quality assurance for your customers • Branding through mark recognition • License for commercial use to third parties thus creating a source of revenue • Tax advantages in a jurisdiction like Singapore, like PIC credit BENEFITS OF TRADEMARK REGISTRATION
- 4. Copyright © 2014 Rikvin Pte LtdLast Updated on February 21, 2014 WHEN TO APPLY FOR PATENT The patent system in Singapore operates on a first-to-file basis. In other words, the first person to file an application will, in general, have priority over others for the same invention. Singapore, like many countries, allows priority claims to be made in a patent application. If you have an application filed earlier in a Paris Convention country or a World Trade Organization member country, you may claim this earlier filed application as priority in your subsequent Singapore patent application, provided that the Singapore application is made within 12 months from the Date of Filing of the earlier application. APPLICATION REQUIREMENTS A complete patent application in Singapore shall contain the following: • Patents Form 1 (2004). • A description of your invention. The description should describe at least one way of carrying out the invention claimed, with examples, where appropriate, and with reference to the drawings, if any. • One or more claim(s). The claims define the scope of protection you are seeking for your invention and should be supported by the description. • Any drawing(s) referred to in the description or any claim(s). • An abstract of your invention. This is a summary of the invention and is used in the publication of the patent application. APPLYING FOR A PATENT IN SINGAPORE
- 5. Copyright © 2014 Rikvin Pte LtdLast Updated on February 21, 2014 BENEFITS OF USING SINGAPORE FOR TRADEMARK REGISTRATION • Fasterprocesscomparedto otherjurisdictions • The registration is valid for 10 years • As Singapore is a country under the Madrid Protocol, after the trademark has been successfully registered in Singapore, an application to file for TM registration in any of the 90 countries registered under the Madrid system • Singapore Treaty on the Law of Trademarks has 30 contracting parties, including Austria, Australia, Denmark, Italy, UK, and USA, among others, and establishes common standards for procedural aspects of trademark registration and licensing • Under the Productivity and Innovation Credit Scheme, you can get a 400% tax deduction or up to S$60,000 in cash payouts when you refister a Trademark in Singapore. HOW TO REGISTER A TRADEMARK A trademark must be distinctive and distinguishes the goods or services of the owner from similar goods or services from other traders. A trademark application is generally rejected if the mark does not have a distinctive character, i.e. descriptive marks, which describe a quality, quantity, value, intended purpose or geographical origin, or marks that are common to the trade, contrary to public policy or morality, deceptive, identical or similar to an already registered mark or well-known marks. The process of a trademark registration includes: • Submission of trademark application • Examination of formalities • Trademark search • Examination of trademark • Publication • Opposition proceedings • Registration REGISTERING A TRADEMARK IN SINGAPORE Register your Trademark with Rikvin and we will help you apply for PIC
- 6. Copyright © 2015 Rikvin Pte Ltd RIKVIN PTE LTD 30 Cecil Street, #19-08 Prudential Tower, Singapore 049712 Main Line : (+65) 6320 1888 Fax : (+65) 6438 2436 Email : [email protected] Website : www.rikvin.com Reg No 200100602K EA License No 11C3030 The information contained herein is intended for general information purposes only and shall not be regarded as professional advice. Readers are therefore advised that before acting on any matter arising from these notes, they should discuss their particular situation with the Firm. No liability can be accepted for any action taken as result of reading the notes without prior consultation with regard to all relevant factors. DOWNLOAD THE RIKVIN MOBILE APP FOLLOW US ON: