Trademark registration provides applicants with the exclusive right to use a specific symbol, word, or phrase to identify its products or services.
Global trademark registration offers protection in all countries where it is registered. Singaporeans seeking to file an international trademark can do so via the Madrid Protocol.
Global Trademark Registration: The Madrid Protocol
Singapore is a member of the Madrid Protocol, which allows trademark owners to register their trademarks in multiple countries through a single application.
This means that a trademark can be registered in over 130 countries by filing one application with the IPOS.
They must first register the trademark or file an international application locally via the Office of Origin.
What is the Office of Origin?
The Office of Origin refers to a country that:
- Is a member of the Madrid Protocol
- Is where the applicant, whether individual or entity, is a national or resident of, or has a real industrial or commercial business
In the context of this article, it would be the Intellectual Property Office of Singapore (IPOS). Read on to let us guide you through the process of international trademark registration through the IPOS.
What Are the Benefits of Global Trademark Registration?
There are several advantages of registering an international trademark through the Madrid Protocol. They include:
Cost Saving and Effective
A Madrid application allow an applicant to get trademark protection in multiple countries with just one application. This saves time and money that would otherwise have been needed to file individual applications with each country separately.
It is also cost-effective when launching the brand worldwide instead of in a few countries since the cost is better spread out.
Multiple trademark registrations can be easily managed with a single renewal and recording process under the Madrid Protocol.
Since it also allows for uniform protection across all designated countries, it also reduces the need for distinct management of trademark protection in every country.
The applications offer a simplified communication process between an applicant and the trademark offices of each designated country, reducing tedious and difficult means of communication.
The Global Trademark Registration Process
How are international trademarks registered through the IPOS? There are a series of key steps to note:
First, an applicant must ensure that they are eligible to file a Madrid application. The applicant must first have a legitimate trademark application or registration submitted in their home country and a real business presence.
Determine the Countries of Interest
Next, an applicant should determine the countries of interest where the trademark will be registered. This will depend on the countries where the company plans to sell its products or services.
Conduct a Search
An applicant is advised to perform a detailed search to make sure that there are no similar or conflicting trademarks in the designated countries where they seek protection. They may obtain the services of a trademark attorney to accomplish this.
File the Trademark Application Through the IPOS
A global application must be provided to the International Bureau (IB) through the IPOS. An applicant must have a trademark application or registration, also known as a basic mark, for the mark that they wish to protect.
After the IPOS certifies the application, it is handed over to the World Intellectual Property Organization (WIPO).
Review and Registration
WIPO will perform a formalities check and translate the trademark into the system’s 3 languages – English, Spanish, and French. Following this, the trademark is registered and the registration details will be published in WIPO’s Gazette of International Marks.
The IB informs the national trademark office of the applicant where trademark protection has been requested. In this case, Singapore’s IPOS will assess the trademark according to its national system.
It has to notify WIPO within a designated time frame whether the mark can be protected in the country or not.
Trademark Maintenance and Renewal
After registration, the trademark owner must maintain it by filing renewal applications systematically. It must be filed separately for each designated country, whereby the fees and requirements may differ from country to country.
What Are the Fees Payable for International Trademark Registration?
Registering a trademark internationally under the Madrid Protocol involves these fees:
- A basic fee, which is higher if the trademark reproduction is in colour
- A complementary fee applicable for each designated country
- A supplementary fee that applies for each class of goods and/or services exceeding 3 classes in the application
Filing Date of the Global Trademark Application
The Office of Origin, Singapore’s IPOS, is also responsible for certifying the filing date of the global trademark application.
When the application is sent to the IB within 2 months of IPOS’ receipt, the date of receipt will be the recorded date for the international registration.
If not, it will be the date that the IB receives the international application. After the trademark is registered, this filing date becomes the international registration date, and the rights protection will become effective henceforth.
International trademark registration has a 10-year validity from the filing date and may be renewed for another 10 years by paying the fees through the IPOS to WIPO.
Register Your Trademark Globally With InCorp
The process of international trademark registration can be complex and challenging if you are unfamiliar with it. Engaging the help of a professional company can save you time and money while eliminating the hassle.
We have a dedicated team that serves trademark applicants throughout the entire procedure for a smooth and successful application. Register your trademark with us today!
Related Read: Trademark Global Registration Service
FAQs About Trademark Global Registration
- It is a standard process that enables an individual or company to register their trademarks with multiple countries, using a single application filed with the World Intellectual Property Organization (WIPO).
- You may do so via the Madrid Protocol through the Intellectual Property Office of Singapore (IPOS). Our team of trademark registration professionals is here to assist!
- The fees vary depending on your needs. Contact our team today to find out more about the costs!
- It usually takes about 12 months for trademark registration in Singapore under the Intellectual Property Office (IPO).