In Singapore, a trade mark application for registration has to be accompanied by a list of the goods and/or services on which the mark is intended to be used. The goods and services must be classified in accordance with an internationally agreed classification system used by more than 150 countries, known as the International Classification of Goods […]
Goods and services are divided into 45 classes, each class covering a different category of goods or services. Classes 1 to 34 relate to goods, and Classes 35 to 45 relate to services.
Having identify the Class in which your good or services fall under, you will have to identify the specific goods or services that you wish to protect.
Example: you have a mark XYZ for clothing, and you manufacture products such as clothing, coats, dresses and footwear.
Having identified that your products fall under Class 25, […]
The words “trade mark” and “brand” are often used interchangeably. Both refer to signs which are used by traders to differentiate their goods from those of other traders.
There are many famous brands which have extremely high commercial values, which can range up to billions ouf US$. Some of the famous and top brands are:-
Registration of trade marks is voluntary but advisable.
A registered trade mark confers on the proprietor the statutory right to the exclusive use of the mark in connection with the goods or services for which it is registered.
Registration therefore gives the proprietor the right to sue for trade mark infringement any person who uses an identical […]
If a mark is unregistered, the owner has to look to the common law for protection and must rely on a passing off action to prevent infringement of his mark.
Passing off actions are notoriously time-consuming and expensive. To succeed in such an action, the proprietor must produce evidence of his ownership of goodwill or reputation […]
It is not a pre-condition for filing an application that the mark is actually in use, or even that it has been used in the course of trade prior to the application.
If the mark has not been in used before, the applicant must have a bona fide intention to use it and the application form […]
Under the Trade Mark Act, any sign which can be represented graphically and which is capable of distinguishing the goods or services of one undertaking from those of another is prima facie registrable as a trade mark, subject to the “absolute” and “relative” grounds for refusal.
A mark may consist of:
- Words (for example, […]
Corporate takeover battles often centre on the value of the brands at stake and so highlight their commercial value. Brands can even account for a majority of a company’s assets.
Some of the top global brands today include:
In Singapore, we have top brands like […]
Under the Trade Mark Act, a trade mark will be refused registration if:
- It is not a sign that can be represented graphically
- It consists exclusively of a shape which results from the nature of the goods, or which is necessary to obtain a technical result, or which gives substantial value to the […]