Applying for an International Trademark
Here at CorporateGuide Services, we provide international filing via 2 routes being the Madrid Protocol and National Application filing route:
Madrid Protocol
The Madrid Protocol relating to the Madrid Agreement Concerning the International Registration of Marks is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filling a single application, called an “international application”.
This treaty is administered by the International Bureau of the World Intellectual Property Organization (WIPO) in Geneva. As a member of the Madrid System, there are benefits on top of it being convenient, easy and cost effective to apply for International Marks in Singapore. Individuals and organizations need only to file one application in one language and protect your mark in the territories of up to 122 countries.
National Application
The National Application filing route covers international trademark filing in countries that are not presently covered under the Madrid Protocol filing route.
| Madrid Protocol | National Application |
|---|---|
| Requires a Singapore trademark base application | Does not require a Singapore trademark base application |
| Covers 122 member countries | Covers countries not under the Madrid Protocol (E.g. Malaysia or Hong Kong) |
| Allows for standardization of the database of goods/services claimed for | Terminology of the database of goods/services claimed for will vary from country to country. |
| Higher price range | Affordable alternative |
| Relatively longer filing time | Shorter filing time needed |
1. Identify class of goods/services
Goods and services are appropriately classified from classes 1 to 45 under the NICE Classification of Goods and Services.”. If the applicant deals in a wide range of goods or service, it will be necessary to file applications in more than one class.
2. Self search for possible conflict
It is recommended that you first conduct a search of the existing trademarks in the record maintained by WIPO as the application fees for trademark registration are not refundable.
3. Application filing
The goods and services listed in the application must conform to the NICE International Classification of Goods and Services.
4. Application checking for completeness and compliance
If there is any ground for objection, the Registry will notify the applicant about the corrections required along with a specified period of time granted to overcome the objection. A trademark application number and date of application filing will be provided upon the date of filing.
5. Examination for conflicts with existing trademarks
The registrar conducts a formal search for conflicting marks, geographical names, and conformance to the international classification of goods and services. The trademark registration application will be rejected if there are any objection in the above research. If the applicant wants to pursue it further, the applicant will have to amend the trademark or goods/services claimed for and submit a new application.
6. Examination for conflicts with law
The application will be examined to determine whether the mark is registrable in accordance with the relevant countries’ Trademark Laws and does not fall into the areas not allowed by the law.
7. Advertisement for public scrutiny
The application will be published for opposition purposes in the Trade Marks Journal upon completion of examination. Any interested party may oppose the registration of the mark within a period of two months after publication. If the trademarks office receives an objection from an opponent, the applicant must respond with a counter statement to resolve the objection.
8. Successful registration
If all the objections were resolved in favour of the applicant, the trademark will be registered and a registration certificate will be issued to the applicant.
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