Trade Mark

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Classification of Goods and Services

2016-06-10T21:46:51+08:00

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 […]

Classification of Goods and Services2016-06-10T21:46:51+08:00

How to Identify Class for Registration?

2016-06-10T21:45:10+08:00

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.

Suggested Steps

  1. Go to Nice Classification at http://www.wipo.int/nicepub/
  2. Identify which Class your Goods or Services fall under.
    For example, if […]
How to Identify Class for Registration?2016-06-10T21:45:10+08:00

How to Identify Products or Services within a Class?

2016-06-10T21:42:50+08:00

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, […]

How to Identify Products or Services within a Class?2016-06-10T21:42:50+08:00

What is a trade mark?

2016-06-10T21:39:14+08:00

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:-

What is a trade mark?2016-06-10T21:39:14+08:00

Why register your trade mark?

2016-06-10T21:38:32+08:00

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 […]

Why register your trade mark?2016-06-10T21:38:32+08:00

What is unregistered trade mark?

2016-06-10T21:37:57+08:00

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 […]

What is unregistered trade mark?2016-06-10T21:37:57+08:00

When to apply for a trade mark?

2016-06-10T21:37:23+08:00

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 […]

When to apply for a trade mark?2016-06-10T21:37:23+08:00

What can function as a trade mark?

2016-06-10T21:36:49+08:00

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, […]
What can function as a trade mark?2016-06-10T21:36:49+08:00

Commercial importance of brands or trade mark

2016-06-10T21:35:42+08:00

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:

  • APPLE
  • GOOGLE
  • COCA-COLA
  • MICROSOFT
  • IBM
  • TOYOTA
  • SAMSUNG
  • GE
  • MCDONALDS
  • AMAZON

In Singapore, we have top brands like […]

Commercial importance of brands or trade mark2016-06-10T21:35:42+08:00

What are the absolute grounds for refusal for registration of trade mark in Singapore?

2016-06-10T21:35:01+08:00

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 […]
What are the absolute grounds for refusal for registration of trade mark in Singapore?2016-06-10T21:35:01+08:00

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