FAQ for International Trademark Registration
An international application may be based either on a registration by the Office of origin or on an application for registration filed with that Office.
In the case where the international mark applied is based on an application (i.e. pending approval by the Country of Origin), a rejection of this base application would trigger a cancellation of the international mark either totally or partially. The International Bureau will record the cancellation in the International Register and notify the holder and the Offices of the designated Contracting Parties accordingly. This dependence of international mark and base mark is absolute, and is effective regardless of the reasons why the basic application is rejected or is withdrawn or the basic registration ceases to enjoy, in whole or in part, legal protection.
Therefore, there is an increased risk of the holder who chooses to base his international registration on an application with the Office of origin losing his protection as a result of the basic application ceasing to have effect. The basic application may be refused protection, totally or partially, on absolute grounds or because of the existence of a prior right cited ex officio in the examination procedure, or as a result of an opposition by the holder of such earlier right in that territory.
After the international application is filed through the IP Office of your country of origin to certify and forward, the International Bureau should receive the international application within a period of 2 months from the date of its receipt by the Office of origin.
The subsequent formal examination of an international application in the International Bureau of WIPO will take, at an average, between 4 and 8 weeks. Once your trademark is recorded in the International Register and published in the WIPO Gazette, the International Bureau will immediately notify the IP Offices in the designated territories.
After being notified of the international registration concerned, the designated Contracting Parties will perform the substantive examination of the trademark in order to decide whether or not it can be protected in the given territory. As a general rule, the time limit for such a decision is one year from the date on which it was notified of the international registration by the International Bureau. However, in certain limited circumstances, Contracting Parties can opt to extend the above period to 18 months, or even longer (the list of the Contracting Parties in question can be found at: http://www.wipo.int/madrid/en/madridgazette/remarks/declarations.html, see Items (a) and (b)).
On an average, it would take approximately 14 to 18 months for a trademark to be registered through the Madrid Protocol System.
Yes, if your brand, product or service achieves term became a popular and generic term, the trademark can be deemed to be be publicly owned and thus the brand can be lost.
An example of this is when the term “Xerox” was lost by the owners, as the word became so popular to mean photocopies. However, the chances of this happening is very rare, and if it does happen the owner of the trademark monopoly will have even greater benefit from “losing” the monopoly.
No, each of them serves a different purpose, though there are also some similarities. A copyright provides protection to authors of original work such as literature, drama, music, art, creative, films, production and some other kinds of intellectual works like softwares which are published and unpublished.
A trademark right is to identify the source of goods or services and prevent others from deliberately using a similar mark to make or sell the same goods or services to confuse buyers.
A patent is a limited duration property right to protect inventors in their right of ownership of new inventions.
If your trademark is successfully registered, protection would be effected on the date the trademark application is filed.
You will have exclusive monopoly of your trademark for 10 years. Before the end of the 10th year, you will need to renew your trademark registration, which IPOS charges S$250 per class of goods or services.
Trademarks and service marks are both part of a subset of business assets known as intellectual property. A trademark is used to identify a business product while a service mark is used to differentiate the services of one provider from another. Service marks are often slogans like
Yes, Singapore is one of the members of the Madrid Protocol and International Marks application can be done. There are benefits to applying for International Marks in Singapore. Here are steps to applying for International Marks in Singapore.