INTELLECTUAL PROPERTY LAW

Trade Marks Searches

Trademark  searches  are an  effective method of filing trademark  applications cost effectively.   An application may be rejected upon examination if there is a pre-existing identical trademark on the register. A pre-filing search allows a potential applicant to determine the availability of a selected trademark before incurring costs on a trademark application.

We conduct pre-filing availability searches to locate similar or dentical trademarks on the Intellectual Property Office of Singapore (IPOS) database, and advise clients and potential applicants of the availability of their trademark selection. We report on both visually and phonetically similar marks. We also advise on the chances of registerability. Our searches and advice on registerability are done by an experienced team who are trained to identify and locate visually and phonetically similar marks as well as transliteration of Chinese language marks. Our turn - around time for such searches is between 2 to 3 working days.

Trade Marks

We know how important practical advice and strategies are for clients. We place a high importance on speed and cost-effectiveness, leveraging off our experience to provide you with legal solutions to protect your brands and corporate identities.

We conduct fast and reliable availability searches and provide pre-filing advice before filing and prosecuting applications. Using our experience in the industry, we advise on post-registration matters such as recordals of assignments, licenses, renewals and maintenance of registrations.
Registrability of a trademark is determined by the Trade Marks Act 1998. Under the Act, a trademark is broadly defined, and extends to any sign or shape but excludes sounds and smells.The Act is generally TRIPS compliant, and recognises the concept of a well known mark. Examination under the Act is determined by absolute and relative grounds for refusal.

Trademark applications are generally processed more speedily under the Act. A registered trademark is valid for a period of ten years and is renewable for further periods of ten years.

Filing

Singapore is a member of the Paris Convention and Madrid Protocol and priority may be based on earlier applications filed in member countries. To support a priority claim under the Paris Convention, a certified true copy of the foreign application is required. If this document is not in English, a certified English translation is also required.

Who can file?

A trade or service mark application can be filed by any person, firm or company claiming to be the proprietor who uses or intends to use a mark for goods or services so long as the mark does not contain any matter likely to deceive or cause confusion or which would be contrary to law or morality.

What can be filed?

Collective marks, certification marks and series marks are registrable in Singapore. There is provision for multi-class applications in Singapore. Classification of goods and services is based on the International Classification of Goods and Services under the Nice Agreement.

What is needed?

The following is required for filing a trade or service mark application in Singapore :
    i) a specimen of the mark and the list of goods/services;
    i) the name and address of the applicant;
    iii) the place of incorporation of the applicant company;
    iv) a certified English translation of the mark if it contains words which are not in English.

Copyright Law

Our practitioners provide advice on copyright protection and enforcement in Singapore as well as under international copyright treaties, drafting of agreements for the transfer and licensing of copyright, structuring copyright royalty payments and agreement ranging from publishers agreements to software development agreements.

Design Registration

Singapore has its own Registered Design Protection legislation. Under the new legislation, the requirements for registrability are:
    the feature which you seek to protect must constitute a design
    the application to a design to the article must be by way of an
    the design must be applied to an article
    the application to a design to the article must be by way of an industrial process
    the design must not include a method or principle of construction
    the design must not be dictated solely by function, nor be dependent upon the appearance of            another article with which it is intended to form an integral part
   
A design will not be new if:
it is the same as a design registered for the same or any other article in a prior application
it is the same as a design previously published in Singapore or elsewhere in respect of the same or an other article

Patents

Patents have assumed an increased importance in Singapore in the last decade. Increased research and developments activities, both of local industry funded and supported by government funding as well as the private sector through venture capitalists and funding, have resulted in a greater number of patent applications in the computer, biotech and semi-conductor manufaturing industries.

Our Patent & Technology group, which includes trained scientific and technical patent staff, advises on patentability, patent and design registration and protection and protection procedures through national and international filings and prosecution.
We also advise on the various patenting schemes and funding available locally, as well as licensing options and strategies.

Domain Name Protection

Our practice focus includes:
Acting as agents for clients who do not have physical presence in Singapore to secure registration of .sg domain accounts and maintaining domain name accounts for clients.
Advising clients on contentious domain name issues, including cyber-squatting & internet piracy.
Advising and representing clients in domain name dispute resolution forums (ICANN).

Licensing & Franchising

With the rapid development in the region and the increasing significance of franchising and licensing in Singapore, the group advises and structures licensing and franchising schemes for clients.

Regulatory Licensing

There is also increasing involvement in providing advice and representation before public administration bodies, such as customs department, the Trading Standard Authority, health authorities, food, cosmetics and medicines regulatory bodies, Controller of Imports & Export, Censorship Board and the bodies administering licenses for regulated activities.

Commercial Transactional Work

We assist clients in a variety of commercial arrangements by drafting, negotiating and enforcing distributor agreements, reseller agreements, software and hardware licenses, bundling & licensing agreements, confidentiality agreements, shrink wrap agreements, trademark, copyright and patent assignments and licenses, franchise agreements and all associated comercial arrangements which involve Intellectual Property rights.

Using our expertise of industry expectations and standards, we guide clients through the full process of drafting through to negotiations, and wherever necessary, enforcement of contractual terms and obligations. We work closely with our clients and their legal counsels to achieve commercially optimal solutions for clients.